Q: Do I have until my deceased brother's 2 year lease ends to retain items in his estate? I am only legal heir.
Landlord purchased property from me with claus which states "Property sold as is; seller will not remove any personal property and/or debris. // Buyer accepts occupant (brother) as a tenant with no rental income for term of 2 years." Landlord interpretation of clause includes all personal property on entire residence brother has 2 year lease on. My interpretation says once the residence has a tenant, it is not a part of action taken on the rest of the property. The tenant residence is excluded and any property within the curtilage of the residence belongs to my brother's estate. The landlord is illegally removing and burning property which does not belong to him. I have Senior Legal Services appointment to get this resolved, but not till next month. But I need to stop landlord from destroying everything NOW! As lease is long term I have till the 2years ends before landlord can dictate anything about the estate? Yes?
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A: Based on the information provided, since your deceased brother had a valid 2-year lease at the time of his passing, you as the sole legal heir to his estate likely have the right to retain possessions located within the rented residence through the end of that lease term. The lease agreement constituted a separate legal contract pertaining specifically to the residence itself. Therefore, the "as is" clause covering the sale of the surrounding property would not necessarily apply to personal items within the tenant's leased home. As the estate's representative, you can argue the landlord should not be removing or destroying any property inside the rented unit during the ongoing lease period. To stop the landlord from interfering with estate possessions right away, send a formal letter declaring your rights and intent to retain the property. Consult with an attorney immediately to send proper legal notice prohibiting destruction of estate assets. You likely have a valid claim the landlord is violating lease terms, but do not delay retaining counsel and taking formal legal action to protect the estate.
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