What are the landlord’s rights when a tenant dies?

In the District of Columbia, when a tenant passes away, the landlord’s rights are determined by the tenancy agreement. Generally, when a tenant dies the tenancy is ended and the landlord may take back possession of the property, provided they have given the tenant’s estate proper notice. The landlord can keep any security and/or prepaid rent as compensation for the tenant’s failure to fulfill the tenancy agreement. Under the District of Columbia Rent Stabilization Program, if the tenant had a lease, the landlord must give the estate of the deceased tenant a 30-day notice to vacate or to assume the lease with the estate’s executor or guardian. To assume the lease, the executor or guardian must qualify as a tenant and provide a complete application. If the tenant died without a lease, the landlord must give the tenant’s estate a 7-day notice to vacate. The landlord has the right to ask for proof of death before ending the tenancy agreement, such as a death certificate or newspaper obituary. The tenant’s estate is responsible for any unpaid rent or damages to the property after the tenant’s death, and if the tenant’s estate pays, the landlord must return the tenant’s security deposit. If the landlord fails to give the proper notice to the estate of the tenant, the tenant’s estate may sue the landlord for wrongful eviction. It’s important that landlords in the District of Columbia follow the landlord-tenant laws to avoid potential legal issues.

Related FAQs

How can a tenant protect their security deposit?
What is the typical process for evicting a tenant?
What is the average length of a lease?
How much can a landlord raise the rent on a month-to-month lease?
Are there any laws governing the assignment of a rental agreement?
How can a tenant legally challenge a security deposit deduction?
What are my rights and responsibilities as a landlord?
Are pets allowed in rental properties?
What is the process for breaking a rental agreement?
What are the legal consequences of not following the terms of a lease?

What are the landlord’s rights when a tenant dies?

Related FAQs

Related Blog Posts