Monday, May 17, 2010

Death of the tenant

The death of the tenant does not dissolve the lease. The executor of the estate will manage the winding up of the estate including the lease; however the estate remains liable for the payment of rent. The landlord or estate agent will liaise with the executor for delivering the rental statement, collection of rent, handing over of the keys and the out going inspection. Any deposit refund due will be paid over to the deceased estate.

A practical example:
A tenant enters into a 12 month lease. Two months into the lease the tenant dies. The tenant was in the process of a divorce, but the divorce was not finalised. Both the tenant's wife and mother call the estate agent wanting access to the property.

The estate agent must wait until the court names the executor and liaise directly with the executor.

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