Landlord Question and Answer Forum

Forum / Leasing Issues / 909 Barnes
My current tennant passed away intestate. His brother want to rent the residence now. How do I handle the "move-out" as there will not be one. How do I handle the deposit?
Roberta C, KS on Sunday, September 23, 2012
RE: 909 Barnes
I would recommend doing a walk through before he moves in. You may be required to refund some portion of the deposit. Typically, the death of a tenant is treated in much the same way as an early lease termination. If your tenant had a month-to-month agreement, you must refund the deposit within 30 days, minus any penalties and deductions for damages. This money goes to the estate. If your tenant, however, had a lease for a set term, you may be able to deduct penalties for early termination as outlined in the lease. Any remaining money must be refunded to the estate.
Posted by Luis M, NJ on Sunday, September 23, 2012
RE: 909 Barnes
Thank you. That does help.
Posted by Roberta C, KS on Sunday, September 23, 2012
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