Landlord Question and Answer Forum

Is there a form to legaly allow a surviving family member possesion of the items left behind of a tenant that has expired?

Termination on death: Any lease for a term of one or more years of a property that has been leased and used by the lessee solely for the purpose of providing a dwelling place for himself, or for himself and his family, may be terminated prior to the expiration date thereof, in the event of the death of such lessee or in the event of the death of such lessee or his spouse, as the case may be, upon notice duly given by such lessee or by the executor or administrator of his estate or by the surviving spouse in the event that such lease was executed jointly by husband and wife. Such termination shall take effect on the fortieth day following the receipt by the lessor of written notice thereof, and the rent shall be paid up to the time of such termination, whereupon the lease shall cease and come to an end. The property shall be vacated and possession shall be turned over to the lessor at least five working days prior to the fortieth day following receipt by the lessor of written notice. The provisions of this act shall not apply to any lease the terms whereof shall explicitly provide otherwise. 46:8-9.1. Property of the deceased would be removed by either the surviving spouse, children or the executor of the estate according to NJ's estate laws.

Posted by Donna , NC on Tuesday, September 6, 2011

WOW! Did that answer your question or what...quite an answer! Good job!

Posted by Cheryl M, KS on Tuesday, September 6, 2011