Q: Our tenant passed in May leaving several months of past due rent. Is her estate responsible for this debt?
Our tenant has been in home for a number of years and children living with her and are now all adults and want to continue living there. We will be signing a new agreement with them. Can we ask children to be responsible for the past rent due? In the new lease can we put in a 'catch-up' of past rent due clause? We are considering using the deposit to offset the rent due but it does not cover all of it. We will ask for a new security deposit in the new agreement. Is there anything we need to know in this situation for us as landlords and the children we intent to lease to? Thank you
A: Your deceased tenant's estate is indeed liable for the past due rent. Her family members are not unless they voluntarily choose to be. The proper procedure is for you to file a claim with the representative of her estate and be paid from estate assets. Do realize as well, however, that no family member or anyone else should receive any value from the estate until after all of its bills are paid. Thus while the kids don't legally owe the back rent, neither are they entitled to any property or assets until all the bills have been paid. Good luck.
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