QUESTION
Can they sue for back rent if tenant has been deceased?
Asked on Feb 12th, 2013 on Bankruptcy - North Carolina
More details to this question:
My mother passed away three months ago and the management of her apartment continued to charge her rent despite knowing she was deceased. Today, I received a document from their lawyer saying they are suing me for three months’ rent, plus attorney fees.
6 ANSWERS
Family Attorney serving Henderson, NV
at
Harris, Yug & Ohlinger
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That's a pretty odd situation. In Nevada, the tenancy would technically terminate upon her passing, but in practicality would continue until her things are moved out. And unless you signed something, they could only sue the estate not anybody else.
Answered on Feb 19th, 2013 at 7:55 PM
You are not responsible for your mother's debt. This lawsuit maybe malicious in nature. You need to find out under what legal theory they are suing you.
Answered on Feb 18th, 2013 at 10:58 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It is a liability of her estate and any co-signer.
Answered on Feb 18th, 2013 at 9:58 PM
Debt Collection Attorney serving Chicago, IL
Partner at
Edelman, Combs, Latturner & Goodwin, LLC
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The tenant's estate is liable for rent, assuming that the landlord was unable to relent the apartment to someone else. If you occupied the apartment but were not a lessee, you might be liable for some payment, although not necessarily for the full amount of the rent, and certainly not for attorney's fees. Generally, children are not liable for the debts of their parents. If the lawyer is attempting to collect amounts that are not owed, there may be a violation of the Fair Debt Collection Practices Act.
Answered on Feb 18th, 2013 at 7:42 PM
Kevin J. Connolly
Are you living in the apartment? If not, you have a FDCPA suit vs landlord. If you are, then pay up or move.
Answered on Feb 18th, 2013 at 7:41 PM
Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC
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Love and Dillenbeck Law
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If you co-signed on the lease, you may be liable for some damages. If you did not co-sign then you have no liability what so ever. When a tenant deceases, the contract between the tenant and the landlord terminates as well. The estate of the tenant (relatives or other person appointed to be the administrator) have a duty to inform the landlord as soon as possible and to get all items out of the apartment to "stop he clock" on the rent. How much the estate owes to the landlord will turn on how quickly he was notified and how long it took to get her items out of the home.
Answered on Feb 18th, 2013 at 7:40 PM