Re: Landlord responsibilities after tenants death

Re: Landlord responsibilities after tenants death by Stephen (WA - Washington) on March 27, 2015 @18:25

Regarding whether the deceased was the sole occupant even though the son was staying there. I was looking for something else LL related within Texas rules (we have some property in Texas) I found a pamphlet written by a law firm and published through the Texas A&M University Real Estate Center. Texas has a law similar to CT's. In the pamphlet it had this comment:
"The landlord's right to remove and store the deceased tenant's property arises only when the tenant is the sole occupant. It is unclear if the same privilege exists when the tenant has a roommate. By the same token, the term "sole occupant" raises questions. Does this mean when only one tenant's name is on the lease agreement? What if a family rents the unit and only the husband signs the lease?"

So, at least in one other state, the question of how to interpret "sole occupant" is not clear.

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Re: Landlord responsibilities after tenants death by MrDan (Georgia) on March 27, 2015 @21:45	[ Reply ]

It seems that there is confusion as to what "sole occupant" means. CT law states that If the sole occupant of a dwelling unit 'subject to a monthly lease or a lease for a term' has died... (Sec. 47a-11d. Death of tenant). The key is an occupant who is subject to either a monthly or year lease, otherwise a tenant. "Tenant" means a person who is authorized by a lease to occupy a dwelling to the exclusion of others and, who is obligated under the lease to pay rent. If the 'Son' is on the lease as a tenant, then the lease cannot be terminated as it will continue under the 'Son' as the remaining tenant. Now, if the 'Son' is an "Occupant", meaning a person who has the landlord's consent to occupy a dwelling but has no obligation to pay the rent for the dwelling, then the lease can be terminated by the landlord upon properly following State laws. Delaware probably says it best; "Deceased sole tenant" shall mean the sole leaseholder under a residential rental agreement entitled to occupy a residential rental unit to the exclusion of all others who has died. The right of nonleaseholder authorized occupant(s) of the residential rental unit, if any, to occupy the residential rental unit at the sole discretion of the deceased sole tenant while that tenant was alive shall immediately terminate upon the death of the sole tenant."

Re: Landlord responsibilities after tenants death by Stephen (WA - Washington) on March 27, 2015 @23:12	[ Reply ]

Sounds as though someone in Delaware experienced the issue being discussed in this forum and got the legislature to address it. My state has a bill similar to the Texas (and I'm guessing) the CT laws. Maybe I will let the legislature know about Delaware's definition.

Re: Landlord responsibilities after tenants death by Anonymous on March 27, 2015 @23:13	[ Reply ]

'subject to a monthly lease or a lease for a term' That language modifies "a dwelling unit" based on its placement in the sentence. If it were meant to modify "sole occupant" it would follow that phrase immediately.

Re: Landlord responsibilities after tenants death by Kate (MS) on March 28, 2015 @12:57	[ Reply ]

after reading the state statue, that's the way it reads word for word. also notice the same definition in my state statue. the meaning of "dwelling unit" was defined in the statue too. so that's the way the law is written!

Re: Landlord responsibilities after tenants death - Landlord Forum thread 332755