Does home rental agreement last after death of owner This is in Texas A homeowner leases a home to a renter for a one year term. The lease agreement is written by the homeowner and is plainly worded and not done by a lawyer. There are no mentions about early termination of the lease, nor fees for such. It outlines a term of one year, with a monthly amount payable on the 1st for each months rent. The homeowner dies with about half of the lease fulfilled. Can the renter declare the contract to be void because of the death of the only other party to the contract? What if one of the heirs comes to the renter and tries to add additional conditions?
Can the renter declare the contract to be void because of the death of the only other party to the contract? No. The estate of the decedent steps into the shoes of the decedent and the executor of the decedent's estate can enforce the lease. What if one of the heirs comes to the renter and tries to add additional conditions? The heirs do not have the authority to modify the lease without the tenant's consent, although the tenant knows that the lease may be less likely to be renewed if the tenant does not consent. Also, the heirs, strictly speaking, don't have the authority to do anything. Only an executor duly appointed by a court does.
Many states require an escrow of rent for habitability issues, simply not paying rent can be grounds for eviction proceedings. Illinois has a statute for deducting a repair from rent (765 ILCS 742/5). If it’s less than half the monthly rent and less than $500, a tenant can inform the landlord of the repair required. If the landlord has not provided a repair within 14 days, the tenant can have the repair completed in a workman like manner by someone having the appropriate licenses. In this case, if you’ve notified the landlord and they’ve done nothing, you can have an licensed exterminator come and treat the property. BUT... your lease may override this statute. Many leases include terms that the tenant is responsible for pest control - since often it’s the tenant’s lack of cleanliness that draws pests (not in all cases of course). So definitely review your lease and discuss with someone who is more familiar with IL law. Note that Chicago has its own interesting laws that may add to or contradict IL laws.
The closest you will get is the first-in-time ordinance passed by the city, but that was overturned in court. That law required accepting the first qualified applicant for a rental: it did not say anything about sales. If there is a specific provision to that effect in your lease agreement, that would be applicable, but there is no general legal mechanism that forces a seller to accept a particular offer.
Probably not, although it is impossible to say without reading the lease. Usually leases are monthly. That means you pay for the entire month or lease term regardless of how much or how little you use the property. It seems weird that the lease ends on the 21st, but if that is the case, then you are legally obligated to pay for that time interval. That said, if you want to drive a hard bargain, you could threaten to reoccupy the apartment and stay in it until the 21st which are legally entitled to do, unless he refunds you some money. You would have to be a pretty serious hard-ass to pull this off, or be prepared to go to court. One possible course of action is that you demand return of the key and say you changed your mind and will be staying in the apartment until the 21st. Make sure the conversation is recorded and that he knows the conversation is recorded, or have a witness. He will refuse. You can then sue him for denying you the use of your property.
First review the existing contract for anything that specifies what happens at the end of the term. I have seen ones that switch to month to month, others automatically extend by a whole year. In the United states the rental law is done at the state level or even more local than that. So I took a look at the UK policies. I focused on England. Guidance How to rent: the checklist for renting in England Updated 24 March 2023 At the end of the fixed period If you want to stay If you want to extend your tenancy after any initial fixed period, there are a number of important issues to consider. Check Shelter’s website for advice. Do you want to sign up to a new fixed term? If not, you will be on a ‘rolling periodic tenancy’. This means you carry on as before but with no fixed term. Your tenancy agreement should say how much notice you must give the landlord if you want to leave the property – one month’s notice is typical. Shelter publishes advice on how you can end your tenancy. I then went to the shelter website How to end a periodic tenancy: How much notice You can give your landlord a legal notice called a 'notice to quit' to end a rolling tenancy. This is a more formal option. Your tenancy will end legally if you follow the rules on how much notice and where to send it. A legal notice must: be in writing give the right amount of notice end on the correct day Here is an example of a notice to quit. A legal notice ends your tenancy and your right to live in your home. Joint tenancies will end for all tenants even if only one of you gives notice. You cannot withdraw a valid notice if you change your mind. Your landlord may agree to let you or other joint tenants stay on after a notice ends. Minimum notice periods You need to give at least: 1 month if your rent is due monthly 4 weeks if your rent is due weekly You can usually give the minimum notice to end your tenancy if your most recent agreement does not mention a longer notice period or if you've never had a written agreement. You may still need to give more than the minimum notice to make sure it ends on the right day. If your agreement says you must give more notice Your agreement might have a 'notice clause'. For example, if it says you have to give 2 months' notice. A notice clause might not apply after your fixed term has ended but sometimes it will. When will the longer notice apply? The longer notice period will only apply if either: you never had a fixed term agreement your agreement says it continues as a contractual periodic tenancy after the fixed term You can ignore a notice clause in your most recent agreement if both: your fixed term has ended your agreement does not say that it continues as a contractual periodic tenancy It looks like the notice period is a month, unless the contract says that the notice period is longer during the periodic tenancy.
First, you will need to look at your existing lease. Most leases automatically transfer to month-to-month after the initial term ends. It is quite probable that your landlord said "fine" to the month-to-month extension because it was already part of your existing lease. Second, you will need to look at your existing lease and see what notification was required for you to move out. Typically, a lease transitions to month-to-month and in your lease it probably already said that you needed to provide 30 days notice even if you were leaving at the end of the lease's original term. Third, yes, you are on the hook for rent until you give 30 days notice. Your "verbal agreement" is a contract and your landlord agreed to allow you to stay in the apartment as long as you gave him 30 days notice before moving out and paid your rent every month. Most of this is probably already spelled out in your current lease. Even if it isn't, you have indicated that you have a verbal contract with your landlord.
The will is overridden by the new law. Suppose the owner had not died: then he would have to comply with the change in the law. When a person inherits property, they gain the right to that property which the originally had, and they do not gain any additional immunity to the usual obligation to obey the law.
You are allowed to sublet the whole of the premises but not part of it (VIII a); if you do you must create the agreement mentioned, pay to have it stamped by the government and pay £10 + VAT to the landlord. You must only use the premises as a domicile for one family; better make sure you rent those rooms to your cousins.