QUESTION
1. Is it legal for apartment owner to change locks and keep all the belongings inside of the apartment that actually belongs to the deceased?
Asked on Sep 19th, 2012 on Landlord and Tenant Law - New Jersey
More details to this question:
The rent was paid and there was a last month rent on the lease.If the renter is deceased, landlord is asking for more rent from family members and refusing the family to enter the property stating they need to know who the rightful heirs of the estate are? Is it legal? I was informed by one of the tenants they want what belonged to the deceased keeping all belongings and asking for a high amount of rent more than the deceased was paying. I paid three-month rent, which came to almost $4500.00 and they gladly took the money and cashed it.
10 ANSWERS
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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Yes.
Answered on May 22nd, 2013 at 2:16 AM
Leonard A. Kaanta
No, in Michigan you can sue the landlord for violation of the Michigan Anti Lockout Statue.
Answered on Oct 02nd, 2012 at 9:42 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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You need to get an attorney immediately and file a probate action then you will have the necessary power to deal with the landlord. He will not be able to charge more unless he gives a 30 day notice.
Answered on Sep 24th, 2012 at 11:14 PM
Civil Litigation Attorney serving Federal Way, WA
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Stasch Law LLC
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Without knowing more details, the simple answer is no. In general, a landlord cannot exclude a tenant without a court order. If a tenant writes the landlord a demand for the return of his property, the landlord must promptly return or be liable for value of the property and/or damages of $500.00 per day.The landlord's contract was with the deceased and not the family members. If a probate is filed, the landlord can file a claim, but the family is not liable for the deceased's debts.
Answered on Sep 24th, 2012 at 9:05 PM
General Practice Attorney serving Glendale, CA
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Law Office of Michael Stafford
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You should consult with an attorney. You have not furnished enough information to allow for an informed answer. There are too many questions left unanswerd. The executor of his estate has the absolute right to the deceased assets.
Answered on Sep 24th, 2012 at 7:49 PM
It is legal for the owner to refuse to give the deceased belongings to anyone until it has been proven that they are either the representative of the estate or the heirs. Beyond that, you should consult a probate/real estate attorney to review all of the facts and advise you.
Answered on Sep 21st, 2012 at 11:48 AM
I'm not sure about the last part of your details, but as for the question itself, you may need to probate the estate and get letters of authority to enter the apartment. The landlord may be worried about liability for letting heirs "loot" your deceased family member's belongings. I would suggest contacting a probate attorney. Good luck.
Answered on Sep 21st, 2012 at 11:45 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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They are entitled to rent, from the estate. It is not the landlord's business who gets the personal property. It is not foolish for them to change the locks, the new key should be provided to the decease's personal representative or administrator.
Answered on Sep 21st, 2012 at 11:43 AM
As a family member you don't automatically gain access to the deceased's apartment. You probably need authority of the probate court by opening an estate administration even though the landlord accepted rent payments from you. If the lease has expired, the landlord may be entitled to increase rent but until he commences eviction proceedings in the local district court, cannot, himself, remove any belongings from the apartment, and cannot, without a judgment, seize for himself any belongings in the apartment.
Answered on Sep 21st, 2012 at 11:42 AM
Real Estate Attorney serving Williamstown, NJ
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Law Offices of Slotnick & Schwartz
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Until a court orders an eviction the heirs still have a right to the the apartment and especially. The furniture and contents. He cannot demand a higher rent. The lease remains in effect.
Answered on Sep 21st, 2012 at 11:39 AM