Dead Tenant (by MJ [PA]) Oct 5, 2022 2:28 PM|
Dead Tenant (by Richard [MI]) Oct 5, 2022 2:51 PM
Dead Tenant (by Dave [MO]) Oct 5, 2022 2:54 PM
Dead Tenant (by Nicole [PA]) Oct 5, 2022 3:02 PM
Dead Tenant (by Ray-N-Pa [PA]) Oct 5, 2022 3:10 PM
Dead Tenant (by don [PA]) Oct 5, 2022 3:46 PM
Dead Tenant (by Mj [PA]) Oct 5, 2022 4:10 PM
Dead Tenant (by Tony [NJ]) Oct 5, 2022 4:17 PM
Dead Tenant (by Ray-N-Pa [PA]) Oct 5, 2022 4:50 PM
Dead Tenant (by Nicole [PA]) Oct 5, 2022 7:14 PM
Dead Tenant (by Ken [NY]) Oct 5, 2022 10:02 PM
Dead Tenant (by don [PA]) Oct 6, 2022 4:52 AM
Dead Tenant (by S i d [MO]) Oct 6, 2022 8:47 AM
Dead Tenant (by don [PA]) Oct 7, 2022 12:54 AM
Dead Tenant (by MJ [PA]) Posted on: Oct 5, 2022 2:28 PM
Hello, I had a great tenant but she suddenly passed away recently. I wanted to return the security deposit but I am not sure to whom and how. Normally I ask people to remove all their belongings to get their money and I do not haggle over minor wear and tear.
She had minor kids that went to live with the previous boyfriend, but the current boyfriend came and emptied the house for me and he wants the money. What would you do?
Dead Tenant (by Richard [MI]) Posted on: Oct 5, 2022 2:51 PM
I'd think the money would go to her estate. Maybe check and see if someone has been appointed as executor. I'm not a lawyer but I don't think boyfriends count unless they are named in a will or the court says so. There should be a probate opened for this. I'd check with the court. --24.180.xx.xx
Dead Tenant (by Dave [MO]) Posted on: Oct 5, 2022 2:54 PM
What Richard, said. --162.249.xx.xxx
Dead Tenant (by Nicole [PA]) Posted on: Oct 5, 2022 3:02 PM
It gets written to the probably nonexistent estate. If it's large enough, someone will file a small estate's petition.
that said, most times you would be technically able to keep it due to breaking the lease ... I've had several tenants pass away and never did that but if I wasn't happy with the tenant and they had given me grief, I'd keep it --98.237.xxx.xx
Dead Tenant (by Ray-N-Pa [PA]) Posted on: Oct 5, 2022 3:10 PM
Contact the folks who are listed as emergency contacts and ask them for the next of kin.
What has been said above is absolutely correct, there haven't been many times when a formal estate has been opened up for former tenants.
In Pa, the lease isn't broken due to death though - it simply ends. The state views it as dead people can't Live there. --24.101.xxx.xxx
Dead Tenant (by don [PA]) Posted on: Oct 5, 2022 3:46 PM
The check goes to the estate. Without a will, the minor children would be heirs at law. If they are 16 or older they can renounce to an adult to handle it. Younger than that, for a small estate their "natural guardian" is their father and he can appoint another adult to be representative of the estate.
Legally, you should not have let the current boyfriend empty the house of her things. Hopefully, the heirs will not claim that there was anything of value in there. Upon the death of a tenant, a L is suposed to change the locks and allow access only to the rep named by the Register of Wills (probate). --73.141.xxx.xxx
Dead Tenant (by Mj [PA]) Posted on: Oct 5, 2022 4:10 PM
These were poor section 8 people and therefore no estate or executor that I know of. --73.174.xxx.x
Dead Tenant (by Tony [NJ]) Posted on: Oct 5, 2022 4:17 PM
To add to what Richard said, contact your county's Prothonotary office to see if there was a will. If not, ask them to suggest some estate attorney's in that county. Good luck. --73.215.xxx.xx
Dead Tenant (by Ray-N-Pa [PA]) Posted on: Oct 5, 2022 4:50 PM
The record office will actually cover the recording of wills in our western Pa county but we are in the boondocks --24.101.xxx.xxx
Dead Tenant (by Nicole [PA]) Posted on: Oct 5, 2022 7:14 PM
Ray, I had to look at my lease to see how it's worded. Mine says "The tenant's rights and liabilities under this lease are continued to tenant's heirs, executors, and administrators. Death does not end this lease."
Tony, it's actually the Register of Wills/Orphans' Court, not the Prothonotary. --98.237.xxx.xx
Dead Tenant (by Ken [NY]) Posted on: Oct 5, 2022 10:02 PM
Nicole,I believe by law death ends a lease,you cant expect to hold heirs etc to the balance of a lease,i would like to see someone argue that in front of a judge --74.77.xx.xx
Dead Tenant (by don [PA]) Posted on: Oct 6, 2022 4:52 AM
It is easy to open an estate in Penna., can often be done without an attorney. In any case, not your problem. You can only release the money to the estate. An estate can be opened up to 21 years after death; after that, a court order is needed. The kids can open it up when they turn 18. Long term savings account for them! --73.141.xxx.xxx
Dead Tenant (by S i d [MO]) Posted on: Oct 6, 2022 8:47 AM
"Death ends a lease..."
I don't see how that works. In addition to providing shelter, a house also provides secure storage of personal property. Let's suppose the deceased person had some items of value in the house. Is the land lord obliged to store those items for free until the estate is settled or an executor comes to claim them? Does the land lord have to provide utilities and security to ensure the items are not damages by high or low temperatures or thieves breaking in? It could takes months for the executor to show up if he/she is out of the country and/or doesn't take immediate action for whatever reason.
With that in mind, if no one contacted me I would follow my state's abandoned property laws, which say that if rent is unpaid for 30 days and there's no sign anyone is coming to retrieve the belongings, then I may dispose of them in any manner I see fit: toss, keep, or sell.
But since boyfriend came and emptied the house, that won't work. He shouldn't have done that (he robbed the estate), but that horse is out of the barn now. You might ask your attorney if you're obliged to report this to authorities to keep your name clear in case anyone does creep out of the wood works and claim your deceased tenant had a collection of silver coins or autographed Jimi Hendrix guitars stashed away somewhere.
In my state, if no executor contacted me, the security deposit would be sent to the state unclaimed property division.
Dead Tenant (by don [PA]) Posted on: Oct 7, 2022 12:54 AM
"boyfriend came and emptied the house for me." If this means that he came over at your request and you let him in to take the belongings, you did wrong. If this means that the guy had the key already and just came over and took the stuff, you are still in the wrong for not changing the locks, but not as bad. --73.141.xxx.xxx