Weyers Cave, VA asked in Real Estate Law for Virginia

Q: if land owner dies how does the lease get "self renewed"

Rental agreement self renews every year 12/1. Home owner died 9/9 is the self renewal still valid?

Related Topics:
1 Lawyer Answer
Richard Sternberg
Richard Sternberg
  • Potomac, MD
  • Licensed in Virginia

A: You really need a review of your lease rather than a generalized answer that may or may not apply to your lease. But, in Virginia, title to land passes by operation of law to the heir or beneficiary if one is named in a Will subject to recapture to fund the estate. That means that the title now belongs to the heir or beneficiary even if they haven't been identified yet, and the terms of the lease still apply to the lease. How that affects you depends on what the lease says.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.