What are the rights of an estate when a tenant dies in a rental unit? My uncle died in January. He was renting an apartment month-to-month in Ohio. We are in the process of cleaning out his belongings from his apartment. There will be an estate sale of the majority of his possessions at the end of February, the soonest we could get everything arranged. This will extend into the month of March by a week. My uncle had sent the February rent check in early January, post-dated for February. When the landlord learned of his death, he deposited the check; he agrees that the apartment is paid through the end of February. However, he wants a new security deposit and a month's rent for the time we will use it in March, claiming that the sale process makes us new tenants. What are the legal rights and legal obligations of an estate in a month-to-month rental situation? The estate is just starting the probate process, and I am unclear on whether the landlord is a "traditional" creditor or in a unique situation since the money he is owed for rent continues to accrue after death. All parties agree that there will be a new, unrelated tenant starting April 1st. We're just trying to figure out what everybody's legal obligations are in this situation. The situational specifics are only important insofar as I don't know what paperwork I'm entitled to from the landlord, and whether I should be directing the landlord entirely to the probate court instead of trying to work things out with him.
However, he wants a new security deposit and a month's rent for the time we will use it in March, claiming that the sale process makes us new tenants. What are the legal rights and legal obligations of an estate in a month-to-month rental situation? The estate is just starting the probate process, and I am unclear on whether the landlord is a "traditional" creditor or in a unique situation since the money he is owed for rent continues to accrue after death. The decedent's security deposit, less valid deductions, is property of the estate, so if the landlord takes a second security deposit he is double dipping. Generally speaking, after someone dies, money judgments that have not been reduced to judgment liens, and unsecured debts (i.e. debts not supported by collateral) only have a right to be paid via submission of a claim to the probate estate in the probate process with claims made paid according to a priority schedule set forth in the probate code. But, generally speaking, death does not impair the property rights of third parties, so the fact that a debtor's estate is in probate is usually not a basis upon which a foreclosure or repossession of collateral for a default on a secured debt, or an eviction due to the termination of a lease, may be postponed while the probate case runs its course. Probate does not have the equivalent of the "automatic stay" in bankruptcy that prevents any creditors, secured or unsecured, from engaging in any collection activity against an estate, and probate estates are not allowed to file for bankruptcy either. If you really wanted to play hardball and only needed the apartment for a few days in March, the estate could simply continue to occupy it for that period of time and they pay the landlord the extra month's rent but not the additional security deposit when it was done. The landlord can't begin a foreclosure proceeding until there is a default which can't happen sooner than the last day of February. Even if the landlord is really on his toes, the landlord will be hard pressed to get a notice to vacate served on the estate and then to prepare and serve an eviction lawsuit on the estate and get that case in front of a judge before the estate will be ready to move out anyway. The estate might incur some attorneys' fees in the process if it did that, but the attorneys' fees would be an unsecured claim of the landlord that would have to be collected through the claims process in the probate proceeding which is usually a fairly favorable forum for the estate, instead of the usual court where small landlord-tenant disputes are handled. The probate estate could simply deny his claim for attorneys' fees and then, if the landlord wanted them after making a claim, the landlord would have to bring a lawsuit on fairly tight deadlines in the probate court to have the disallowance of the claim overturned. If you wanted to be even more aggressive, rather than paying the last month's rent, the estate could just holdover into March without paying rent or a new security deposit (vacating before the eviction process can run its course), effectively forcing the landlord to use the security deposit for March rent, and then forcing the landlord to use the probate claims process for both damages to the property claimed and for an attorneys' fees. If the estate is insolvent, or if the claim wasn't filed by the landlord (who may not even know that it is necessary to file a claim in probate) within the short deadline for probate claims arising after death, those expenses just wouldn't get paid at all.
There are two distinct questions here. One is what happens when a lease expires and you don't vacate and the landlord doesn't try to evict you. Generally, in the absence of holdover tenant provisions expressly in the existing lease, the lease becomes a month to month lease on the same terms as previously in force. If the lease does provide for holdover tenant provisions, that lease remains in force. The second issue is what happens when the landlord transfers ownership of the property. Basically, the lease runs with the land, regardless of who owns it, and the legal analysis is no different from what it would have been if the landlord had remained the same. So, if a lease with no holdover provision expires, no new renewal of the lease is signed, and a new owner buys the property from the old one, you have a month to month lease with then new owner on the same terms as the old lease, until the tenant and landlord agree otherwise, even in the absence of an express agreement with the new owner.
The landlord may be confused about what is legal. Growing pot without a license (they do not have one: it cannot be grown at home, and certainly not if there is a minor present) is not legal, not even in Seattle (medical marijuana now requires a general marijuana license, and home-grown is not legal – some Dept. of Health pages don't reflect the new law). Under RCW 59.18.065, the landlord must provide a copy of the executed agreement to each tenant, and a replacement copy on request. Under RCW 59.18.150, the landlord may enter the unit in case of an emergency, and otherwise shall give the tenant at least two days' written notice of his or her intent to enter and shall enter only at reasonable times. The notice must state the exact time and date or dates of entry or specify a period of time during that date or dates in which the entry will occur, in which case the notice must specify the earliest and latest possible times of entry. The notice must also specify the telephone number to which the tenant may communicate any objection or request to reschedule the entry. The tenant shall not unreasonably withhold consent to the landlord to enter the dwelling unit at a specified time where the landlord has given at least one day's notice of intent to enter to exhibit the dwelling unit to prospective or actual purchasers or tenants A lease cannot be terminated without cause and a legal process (eviction hearing), rather, it runs out at a specific time (the end of July). The situation with dog-washing is unclear, since normally a landlord can't decide to use a person's apartment for a dog-washing operation (the common law right to quiet enjoyment). If there is such a clause in the lease then that would be allowed, but they can't now decide that they have this right (the terms of a lease can't be changed in the middle). They can restrict the cats from areas outside your unit. You may however have some (legal) misunderstanding about what exactly "your unit" is, specifically, is the dog wash part of a "common area" that isn't actually part of what you have an exclusive right to.
When the fixed term ends, you have two options if you want to stay. The first option is that you and the landlord can sign a new tenancy agreement, with a new fixed term. This new agreement replaces the old one at the end of the current fixed term, so the landlord is free to make changes, including proposing any number for the rent - and you are free to reject it. Alternatively, when the fixed term ends, if you don't sign a new agreement, and you don't leave, the tenancy automatically* becomes a Statutory Periodic Tenancy - often called a rolling contract. This has no fixed term, which means that if you want to leave, you have to give 1 month's notice, while if the landlord wants you to leave, they must give 2 months' notice. Apart from that, the terms of the existing contract, including the rent review clause mentioned in the question, remain in force. The rent review clause suggests that the landlord can unilaterally impose a rent increase after the fixed term ends, but only up to the amount specified. Hence, without signing a new agreement, any increase beyond that would not be allowed. Also, it doesn't appear to make any mention of future rent increases, which suggests that the default rules for rolling contracts will apply, in that the landlord can propose a rent increase, which you can accept or reject. Failing that, the landlord can impose one via a Section 13 Notice, but only once a year. If you feel the requested rent is unreasonable, you can challenge this, and a tribunal will make a ruling based on the state of the property and the rents for similar properties in the area. (* If the tenancy has any provisions relating to what happens once the fixed term ends, then the tenancy may become a Contractual Periodic Tenancy. However, unless those provisions relate to rent, then they may not be relevant here.)
You need absolute written buy in from the landlord. His agreement is with you, not this new person. If the new person stops paying for whatever reason, then landlord is coming after you.
The thing I was trying to zero in on was the work/refresh/renovation that needs to be done between tenants, and if they landlord can expect to do it while Tenant A is still paying (up to the date of the 'lease change'), but expecting that Tenant A has vacated before that date, or allows the work to be done while they are still occupying? The first tenant is not required to relinquish possession of the premises while the first lease is in force. The landlord's right of access to the apartment remains unchanged from those specified in the lease and in state landlord-tenant law. So basically the landlord has to wait until the first tenant leaves before doing most of the work. If the first tenant relinquishes possession of the premises before the end of the lease period, the landlord can keep charging rent until the premises has been re-let to a new tenant. But if the landlord has agreed to stop charging rent when the first tenant moves out, the landlord may be bound by that agreement. If the landlord has signed a second lease with a new tenant beginning immediately after the first tenant's mutually agreed early move-out date, then the landlord basically has no time available to fix up the apartment except with the consent of one tenant or the other.
In general, and in particular in New Jersey, a new owner takes possession subject to existing rental agreements, and in particular subject to existing leases, unless there is a provision in the lease to the contrary. This happens automatically, by law. Thus any lease is as enforceable against the new owner as it would have been against the old. But how enforceable is this arbitration agreement? How enforceable would it have been against the old owner O? The basic fact about a month-to-month tenancy is that either party may end it on one month's notice, for any reason or none. Moreover, when a new owner intds to occupy the premises personally, or use them for his or her family, the requirement to honor a previous lease is, in general, not applicable. T might be able to force N to go through arbitration, depending on the wording of the agreement, and on whether the written lease applies at all after the end of the first year (which it may well not). But on the facts as stated in the question, T would lose in arbitration as well as in court, and if there is any increased expense because of the arbitration, T would be obliged tom pay it. Let us look at the actual NJ law N.J.S.A. 2A:18-53 provides that: any lessee or tenant at will or at sufferance, or for a part of a year, or for one or more years, of any houses, buildings, lands or tenements, ... may be removed from such premises by the Superior Court, Law Division, Special Civil Part in an action in the following cases: a. Where such person holds over and continues in possession of all or any part of the demised premises after the expiration of his term, and after demand made and written notice given by the landlord or his agent, for delivery of possession thereof. The notice shall be served either personally upon the tenant or such person in possession by giving him a copy thereof or by leaving a copy of the same at his usual place of abode with a member of his family above the age of 14 years. [emphasis added] Section 2A:18-56 provides that: No judgment for possession in cases specified in paragraph &quot;a.&quot; of section 2A:18-53 of this Title shall be ordered unless: a. The tenancy, if a tenancy at will or from year to year, has been terminated by the giving of 3 months' notice to quit, which notice shall be deemed to be sufficient; or ? b. The tenancy, if a tenancy from month to month, has been terminated by the giving of 1 month's notice to quit, which notice shall be deemed to be sufficient; [emphasis added] Section 2A:18-57 provides that: If no sufficient cause is shown to the contrary when the action comes on for trial, the court shall issue its warrant to any officer of the court, commanding him to remove all persons from the premises, and to put the claimant into full possession thereof, and to levy and make the costs out of the goods and chattels of the person in possession. No warrant of removal shall issue until the expiration of 3 days after entry of judgment for possession, except as provided for in chapter 42 of this Title. Section 2A:18-61.1 provides that: No lessee or tenant or the assigns, under-tenants or legal representatives of such lessee or tenant may be removed by the Superior Court from any house, building, mobile home or land in a mobile home park or tenement leased for residential purposes, other than (1) owner-occupied premises with not more than two rental units or a hotel, motel or other guesthouse or part thereof rented to a transient guest or seasonal tenant; ... except upon establishment of one of the following grounds as good cause ... [emphasis in original] h. The owner seeks to retire permanently the residential building or the mobile home park from residential use or use as a mobile home park But note that good cause is not required for an owner-occupied dwelling with no more than two rental units. T would be wise to consult a lawyer knowledgeable about landlord/tenant law in NJ before attempting to contest the notice or eviction.
Since Probate had already closed (12/20), is it legal for the Probate court to, in essence, change the terms of the will? I have several witnesses willing to provide affidavits to the effect that my mother, the deceased, made it clear that I would get the real-estate and that the grandson in question would get nothing. Often, for a relatively short period of time after an estate is closed, it can be reopened and the judgment closing the estate can be set aside for good cause. This is also true in most other kinds of lawsuits. if I cannot beat this challenge, can I remove myself as beneficiary and have the Probate court declare that all 5 blood-related grandchildren will get equal shares? Removing yourself as a beneficiary is called filing a &quot;disclaimer&quot; in legalese. It means to refuse to accept a gift or inheritance. But you can't do that if you have already received any personal benefit from the estate and there are other statutory restrictions. For tax purposes, the deadline to do is nine months after the date of death, but the state law deadline could be different. What would happen if you do so depends upon the language of the will. Usually, gifts to a group of people are made &quot;per stirpes&quot; (also called &quot;by representation&quot;) which means that if a child predeceases or makes a timely disclaimer that their children share in the share that their parent would have received only. It is possible that it says something different, but that would be by far the most common provision. Under the original Probate interpretation, when the real-estate sold, I invested the proceeds in the stock market and there have been losses. If the challenge wins, will I have to come up with the delta--since the investment losses occurred under the original interpretation? If you had the authority to sell the real estate (which you probably did if a third-party title company went through with the transaction), then their claim would almost surely be limited to the proceeds of the real estate and not &quot;the delta&quot; unless the person entitled to take could show that you breached your fiduciary duties in the manner in which you invested the proceeds, for example, by investing all of it in a small number of penny stocks, rather than a diversified portfolio suitable for the purposes of the estate. Also, there is a question over whether the stock investment was made by you as the executor, and was subject to fiduciary standards, or was instead made after it was distributed to you outright. Further, there is the question of whether the estate can actually be opened if you gave notice of the closing of the estate to everyone who was entitled to it, including the grandchild, and whether the grandchild was entitled to it. You really need to hire a WV lawyer who handles probate cases at this point and would be doing yourself great harm by trying to represent yourself. Probate procedures are too arcane for you to reasonably have faith that you are doing it right for yourself.