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?

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1 Lawyer Answer
Richard Sternberg
Richard Sternberg
Answered
  • 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.

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