What a Tenant Should Do When a Landlord Dies

Yes. Anyone who inherits the property also inherits the landlord’s obligations. This means they must honor your lease.

Yes. You must still honor the lease.

Yes. Even if the landlord dies, you must still pay rent and abide by the lease. Both you and the new owner must continue to follow the lease. However, it can take a while to settle ownership, which can make it hard to figure out where to make payments.

Until the heirs take ownership, you will owe rent to the deceased landlord’s estate. (The estate is all of a deceased person’s property that has yet to be distributed to heirs.) Contact the estate’s representative or probate attorney, if possible, and ask how they want to receive rent.

It is best to communicate in writing if possible so that you have a record of the conversation. While this can be text messages, it’s better to keep it in email or written letters so that if you ever need to show a court what happened, it can easily be produced. The landlord’s heirs may want you to continue paying the property management company, if any, or to continue to deposit rent into an account owned by the estate. Or the representative may want to receive payments directly.

Escrow: If you cannot determine where to pay rent, you may consider using an escrow account. You would make your normal rent payments into the escrow account, and it would hold the money until the new owner takes possession of the property. Talk to your bank if you need to open an escrow account.

If you pay by check, keep the cancelled checks. If you pay by money order, it’s best to use services that keep track of whether they have been cashed. Take a picture of the money order (front and back) before you pay.

Always get a written receipt if at all possible.

Always keep a copy of the written lease that shows both you and the landlord’s responsibilities. If you paid a deposit of any type, the lease is proof of what the new owner may owe you when your lease eventually does end.

Keep a written log of dates, who you’ve spoken with and what you talked about to document your actions. This is the best way to protect yourself if the landlord’s heirs dispute your payments or have a dispute with each other.