Q: My landlord unexpectedly passed away. Should we legally hear where to send rent? Can our lease be terminated because of?
Before passing, one of the landlords daughter's was pushing to put the duplex up for sell but it was not completed/listed by the time she passed. There has been no communication since the word of her passing. The daughter had fired the gardener as well prior and it is in our lease we are not allowed to touch the yard as a gardener is paid for by landlord. How do I address this? Do I need to ask about a will and who is taking over the duplex? I presume probate will be several months. Rent will be due on the 1st and I don't feel comfortable making out to the one daughter legally. Any help or direct would be helpful. Thank you!
A: Do not pay ANYONE your rent without first being given a copy of the court Order appointing them as Personal Representative of your now-deceased landlord's estate or, at a minimum, a court Order approving them as a Claiming Successor. Otherwise you can end up having paid the family member and still owing the rent. Without such a court order, no one has the authority to act upon the landlord's behalf. It is possible that the landlord owned the property in conjunction with someone else (i.e. another's name is also on the Title) and that could affect who you now owe rent to. Do, however, save the rent as you will owe it to someone (to the landlord's estate if nothing else) and can be evicted and sued for it if you cannot or do not pay it when it is sorted out as to who has the right and obligation to collect it from you. IF the yard is the landlord's responsibility, then it now becomes the obligation of his estate and that of his Personal Representative but again, that person must be appointed by the Court. Just being listed in the landlord's Will as the person they want to be their Personal Representative is NOT enough - they have no power and no authority to act without being appointed by, and responsible to, the probate court.
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