EDITOR’S NOTE: This story has been updated since its original publish date. The sentence which formerly said the responsibility for contracts and commitments generally falls on the next of kin, has been modifed to say that this responsibility falls on the deceased’s estate, which generally is handled by the next of kin. Thanks to readers who pointed this out. 

Q: My mother rented the same place for 40 years and recently passed away. Where are my responsibilities as next of kin? What are my rights to the place?

A: When a resident passes away, the responsibility for any contracts and commitments falls on the deceased’s estate, which generally is handled by the next of kin, such as spouse, child or parent. As for your rights, that’s a bit more complicated.

Start by contacting the landlord and informing him or her of the circumstances. If you’re not sure how to reach the landlord, a copy of the lease should have the information listed, or a cancelled check can provide the payee’s name.

If that isn’t available, ask another tenant in the building for the information. In some areas, buildings with six units or more should have the contact information posted over the mailbox or in a common area. If that comes up blank, public record should list the name and responsible party for the property, including the mailing address required for property tax receipt. Most counties have a property database to which most real estate professionals have computer access.

Once you’ve contacted the landlord, the key is to communicate. Give 30-day written notice that includes where and how to reach you via mailing address and telephone, if possible. It is best to send the letter by certified mail, or ask for a receipt if delivered in person. Always keep a copy of all correspondence.

If tenancy-related paperwork such as lease documents cannot be found, request the latest lease or rental agreement from the landlord. The lease should outline important details. In some states, such as California, tenants are allowed to request a copy of the lease on an annual basis.

If rent is due, 30 days is usually the limit for commitment. The estate pays bills and expenses, including rent. Was the rent paid already for that month? If so, you have a cushion of time to work with. In addition, some leases contain a "last month’s rent" provision, which allows monies deposited at move-in to be applied toward the last month. What if the rent has gone up since the lease was written?

***

What’s your opinion? Leave your comments below or send a letter to the editor. To contact the writer, click the byline at the top of the story.

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