Jenkintown, PA asked in Probate and Landlord - Tenant for Pennsylvania

Q: Is a deceased tenant's estate responsible for 90 days rent because for failure to give a 90 days notice due to death?

My sister passed away on Aug. 3rd and I notified the rental management office on Aug. 4th. Her rent was paid up to the end of the month. They said that the lease calls for a 90 day notice regardless of death. I received the rent bill on Nov. 7th along with a late fee and $800 charges for "damages" to the parquet floor because carpeting was tacked to the floor. (The lease requires carpeting but not tacked down.) The landlord has the initial last month's rent and a $100 security deposit for damages. They did deduct the last months rent from the bill but not the security deposit. I am the executor of my sister's estate and after funeral expenses and taxes there probably won't be enough funds to pay this bill. The landlord is threatening legal action if not paid up by Nov. 30th.

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1 Lawyer Answer
Mark Scoblionko
Mark Scoblionko
Answered
  • Allentown, PA
  • Licensed in Pennsylvania

A: If the estate is insolvent, your question is likely academic because there are no assets to fight over. You, as Executor, have no personal liability for estate debts in the absence of mismanagement.

With respect to the underlying question itself, the landlord may be correct that your sister's death does not automatically end the lease contract. However, if the ultimate answer is important to you, you should review the lease with a lawyer.

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