| No the lease is not void due to the death of the landlord, especially, if the estate is in probate. An estate is a legal entity entitled to carry on the business of the deceased. So the lease continues in force. Unless informed otherwise you continue to pay rent as you have. You can ask the son whether there is a change in the way you pay rent or for the name and contact info of the executor of the estate. DO NOT under any conditions make any checks or money orders payable directly to the son or anyone other than the deceased or the "Estate of <insert deceased name>". As long as you make payments like that, they are required to use that money for the maintenance of the estate.
You should also ask the son (or executor) that you be informed immediately if they default on the mortgage. At that point, you request release from the lease. From the time they default to the when the lender actually forecloses should be at least a couple of months, giving you time to move.
Your deposit is another matter. If your state requires that lease deposits be deposited in a separate account, then its safe. If not, then the deposit becomes a claim against the estate. I'm not sure how that claim will rank against other debtors. I would suggest that, once you know your move date, you don't pay the last months rent and tell them to take it out of the deposit. |