No, the lease is not null and void when a tenant dies. In a monthly rental agreement, death is a termination, so the lease expires in the next full calendar month. For long-term leases, the estate is responsible for the duration of the lease, but many landlords let the estate break the lease when they are not legally required to do so. This could happen in different ways when it comes to your discovery of death, but I will keep it to two – (1) death by natural causes and (2) suspicious circumstances. If a tenant dies, the lease continues unchanged. In both cases, who will pay the rent is of the utmost importance to a landlord? Under English law, a guaranteed short-term rental agreement does not automatically end with the death of a tenant, but passes to the tenant`s estate. As an intermediary, it is important to create, if possible, a line of communication with the relatives of the deceased, as this should allow you to determine whether or not the tenant has left a will. If there is a will, this will confirm who can act as executor and you will be able to contact them. You must obtain sufficient evidence from the estate representative to be sure that he or she has the power to take care of the deceased`s affairs. This is especially true when the money needs to be returned to the estate, perhaps some deposit funds, but also for personal belongings left in the property.
On a practical level, if there is a will and an executor, the best way forward is to try to arrange the lease on a date to be agreed. Since the rent is in progress, that the estate of the deceased is able to cover this liability, it is in everyone`s interest to terminate the lease as soon as possible. As soon as you have been informed of the death of a tenant, you have the right to protect the property against possible theft of property. Check that all doors and windows on the device are locked. If a family member or someone with whom you rented a house has died, you must contact the owner. You may need to decide what will happen to the lease or have the apartment evacuated. It depends on the ownership of the rental. Has it signed a new lease with the management company? If you are moving into a new property, you tend to accept the condition of the property as it is, for the state before moving in. Unless agreements have been made with management to have things settled as a prerequisite for moving in like a new carpet. If things break or are damaged during the lease, it is the manager`s responsibility to replace the faucets, i.e. tenants, depending on who caused the damage.
I think your family members need to negotiate to resolve these points before signing a new lease with management. . . .