QUESTION
Do we still have to pay for the remaining lease if the damage deposit has not been used up yet?
Asked on Dec 02nd, 2013 on Landlord and Tenant Law - Idaho
More details to this question:
My brother in law died suddenly, there is no spouse, there is no estate, only debt. He lived in a rented house, which we as a family cleaned including a double garage filled with junk. The landlord has not found a renter. He is asking for two months rent (so far) on the remaining lease. He has $1000 damage deposit which I don't believe has been used on anything in the house. He also wants utilities paid, and is threatening to charge us with trespassing, we have only been there to clean, we had the house done in a week - (we all live 50 miles away) although the garage took longer. Many of us have 40 or more hours into this and are out money for gas and other expenses, not to mention the second family member in 6 years dropping dead.
4 ANSWERS
Business Planning Attorney serving Roseville, MN
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Batten & Beasley, PLLC
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The landlord can only demand money from the money remaining in the estate of your brother (and it sounds like he has none), not any of you individually. Tell him to try to make a claim on the estate.
Answered on Dec 04th, 2013 at 8:00 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Tell him to file a claim against your brother' s estate.
Answered on Dec 04th, 2013 at 8:00 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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You are not liable on the lease.. only your brothers estate is liable..The only asset seems to be the $1K security deposit.Move out all his stuff and leave.. I would say forget about it..but the landlord may try to sue you..if he does simply appear and deny liability.
Answered on Dec 04th, 2013 at 8:00 PM
The estate and not the heirs are liable for any rent. Assuming that it was more than a month to month lease, the landlord is entitled to his damages from the breach of the lease, but most courts would find that to be a reasonable time in which to find a new tenant. By going onto the property, with the implied permission of your brother-in-laws estate, you were doing a service for the landlord in cleaning up the property. There was no intention to harm the property nor to do anything the landlord would not approve of, so there would be no basis to claim you were trespassing. The landlord is blowing smoke to get more in rent money.
Answered on Dec 04th, 2013 at 8:00 PM