We rented our condo four months ago to an excellent tenant (a single gentleman) with a MTM lease, holding one month’s rent as a security deposit. Today, we received a letter from an attorney who is “probating [the tenant’s] estate upon his demise earlier this month.” It further states that the family has pretty well vacated the premises. (It will take us until the weekend to go check the condo out.) The attorney is asking for a refund of any deposit as well as to advise if there is any balance due for unpaid rent.

My question is…do we have any recourse as to early termination of this lease? The lease called for tenant to give written notice of intention to terminate at least 30 days prior to desired date of termination. I know this sounds callous, but no one notified us of this death and here we are at the end of the month having to place another ad for a new tenant. Of course, if there is any damage to the unit, we will apply those costs to the deposit. Any advice is appreciated.

M2M means there is no long term lease such as year, correct? I don't know what state you are in but there may be state laws that govern this particular situation so a call to your atty might be in order. Ask your atty if you chose to contact him/her, if it's worth filing a claim against the deceased tenants estate for the amounts due you for early termination in accordance with the written lease. Also, if there is any damage to your unit, how you should handle the return of the deposit or if you should return it all. Or how you should pursue his estate for any damages in excess of the deposit you hold. It may/ may not be worth your efforts.

WOW!. What a scumbag, to die and not give you one months written notice.

Come on, guys... go easy on me. I was just wondering if the liability of notification rolled over to the estate.

I don't think so. It is not like he meant to die. And the Estate did notify you, remember all that legality stuff takes time. I highly doubt that right after his death the family thought about contacting you immediately so you could rent out his home again.