[jffagan]

My mom passed away on July 31, 2010, she paid her rent in full for the entire month of July. She rented a 2nd floor apartment in Queens, NY in a two family private home. She never signed a lease... she went month to month and resided in the apartment for 10 yrs. My brother and I are cleaning out my mom's apartment and have been ordered by the landlord to pay August rent. I do not feel my brother and I have an obligation to pay my deceased mom's rent. There is no estate... my mom lived month to month on social security... a very fixed income. Can my mother's landlord bully me and my brother into paying a month's rent even though the tenant has died. Isn't there a 30 day grace period given to the relatives of the decease to clean the apartment of belongings? Please help!

[cdad]

Not that Im aware of there being a grace period. Its mostly up to the landlord. But if there is a rent control board there may be different rules for your area. How long do you need the apartment for? The landlord is well within their rights to ask for a daily rental amount.

[ScottGem]

No, sorry there is no such grace period. But the good news is you probably don't have to pay, your mom's estate does, however. If there is nothing in the estate then the landlord is out of luck.

The issue here is one of notification. When did you notify the landlord that your mother had died, when did you tell them you would be cleaning out the apt?

If you delayed cleaning out the apt, then a court might hold you responsible.

So, my advice would be to write the landlord a letter stating that your mother left no assets in her estate. That being the case, the estate is unable to pay any obligations she might have left.

Then see if they sue you and then decide what to do.

[jffagan]

Thank you for responding. We notified the landlord immediately upon my mom's death and started the cleanup of her apt a week after her death. Since my brother and I have no legal attachement to the landlord I don't see how she can sue us. Also, the landlord has security money in her possession that my mom gave when she decided to rent the apt. She should keep the security and leave it at that.

[ScottGem]

Well first, its not up to you to decide whether the landlord should apply the security towards the last month's rent. In fact, in at least one state, you can incur penalties for doing so.

Anyone can sue anyone. The question is whether she will win.

If you leave the apartment in tip top shape so there is no need to apply the security for repairs, that may mollify the landlord. I still suggest sending the letter as I outlined.

[Fr_Chuck]

Of course there is furniture, and did she have a car, was there a few hundred dollars in her bank account ?

If so yes there is an estate, just a small one.
And of course by claiming her property, you are also claiming to be the heir. So under what legal right are you entering her apartment and taking her belongings.

You are using the apartment to get out ( what is now your property, if you took ownership) so I think I could fight it in court that you, once you assumed ownership of her property, took over liability of the rent where it is stored.

If not, as the property owner, I would ask for a lien on any property the renter owned.

[AK lawyer]

... Also, the landlord has security money in her possession that my mom gave when she decided to rent the apt. She should keep the security and leave it at that.

Well first, its not up to you to decide whether the landlord should apply the security towards the last month's rent. In fact, in at least one state, you can incur penalties for doing so. ...

Who is to decide? I think jffagan was suggesting that, if LL were to so decide, that would be fine.

... If not, as the property owner, I would ask for a lien on any property the renter owned.

In some states, I don't know how many, a landlord's possessory lien on furnishings is prohibited.

[ScottGem]

Who is to decide? I think jffagan was suggesting that, if LL were to so decide, that would be fine.

The OP suggested that the landlord should just keep the deposit. The tenant or their representative can't make that decision.There is a recent thread where the tenant would be subject to treble damages if they did.

When a tenant vacates, the landlord totals up any unpaid rent, and the cost of repairs, cleaning etc and can then apply the security towards that amount. But security deposits are meant for repairs, not the last months rent.

[AK lawyer]

...There is a recent thread where the tenant would be subject to treble damages if [the tenant] did [expect the LL to keep the deposit in lieu of last month's rent]. ....

That would be if the tenant said to the LL: "I'm not paying you the last month's rent. Just take it out of the deposit". Good point, but I believe OP's case is a bit different. OP is not the tenant and, although there may be an argument that OP owes for the "grace period", not in that same position.

[LisaB4657]

The OP doesn't owe anything. The estate owes the rent. The landlord can choose to deduct the rent from the security deposit along with any damages. If there is any additional money due after rent and damages then the landlord can sue the estate but not the OP.

[AK lawyer]

The OP doesn't owe anything. The estate owes the rent. The landlord can choose to deduct the rent from the security deposit along with any damages. If there is any additional money due after rent and damages then the landlord can sue the estate but not the OP.

If the estate is judgment proof, and I were the LL, I would sue the OP under the theory suggested by Fr_Chuck:

And of course by claiming her property, you are also claiming to be the heir. So under what legal right are you entering her apartment and taking her belongings.

You are using the apartment to get out ( what is now your property, if you took ownership) so I think I could fight it in court that you, once you assumed ownership of her property, took over liability of the rent where it is stored.

[LisaB4657]

If the estate is judgment proof, and I were the LL, I would sue the OP under the theory suggested by Fr_Chuck:

The landlord can sue but unless the landlord can prove that the estate has been probated and distributed to the OP as heir, the landlord is going to lose.

[ScottGem]

That would be if the tenant said to the LL: "I'm not paying you the last month's rent. Just take it out of the deposit". Good point, but I believe OP's case is a bit different. OP is not the tenant and, although there may be an argument that OP owes for the "grace period", not in that same position.

Which is why I was warning the OP NOT to say something like that.