QUESTION
What are my rights if my landlord dies and I have a non-expiring rental agreement?
Asked on Apr 07th, 2013 on Landlord and Tenant Law - Utah
More details to this question:
Landlord is in hospital in critical condition. Kids are looking to have me move out.
4 ANSWERS
You should be able to stay in the home so long as the Lease is in effect. It would not end at death or hospitalization.
Answered on Apr 08th, 2013 at 10:30 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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There is no such thing as a non-expiring rental agreement. That would violate the Rule against Perpetuities. If you don't' have a written lease, then you are probably a month -to-month tenant. However, I have been known to be wrong once or twice, so if you have a written lease, take it to an attorney for review.
Answered on Apr 08th, 2013 at 12:51 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Any person to take the property as a result of the death of the landlord will take it subject to any contracts which are on it, including a lease. Simply stated, you will be able to stay to the end of the lease but, most probably, it will not be renewed.
Answered on Apr 08th, 2013 at 12:51 PM
Lisa Hurtado McDonnell
Never heard of a non-expiring lease. Do you mean a month to month lease. That is automatically renewal-able? If the landlord dies then the new owner(s) can evict you.
Answered on Apr 08th, 2013 at 12:50 PM