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mcguiremom3 · Jul 18, 2012, 02:41 PM

My mother in law was scheduled to move into a rental property (house) on July 1st.
Unfortunately, she passed away suddenly on that date before ever moving in. Are the owners of the property required to return any of the rent she paid in advance? They are paying her security and deposit back, but will not part with the rent. While we understand they had to take the property off the market once she signed the lease, do we have any rights at all regarding any of the rent monies paid? The property leasing agent is not being helpful though they have stated she should return half of it.

Fr_Chuck · Jul 18, 2012, 02:49 PM

First we are sorry for your loss.
Should be covered in the rental or lease agreement. If no one notified them that she was not moving in, and they found out, on or after the date she was to move in, they are entitled at least to that first month, and perhaps first and second since they did not receive a 30 day notice.

smoothy · Jul 18, 2012, 02:50 PM

Originally Posted by mcguiremom3

My mother in law was scheduled to move into a rental property (house) on July 1st.
Unfortunately, she passed away suddenly on that date before ever moving in. Are the owners of the property required to return any of the rent she payed in advance? They are paying her security and deposit back, but will not part with the rent. While we understand they had to take the property off the market once she signed the lease, do we have any rights at all regarding any of the rent monies paid? The property leasing agent is not being helpful though they have stated she should return half of it.

Her estate might have rights... you personally won't, not directly anyway. And her estate will have to resolve any outstanding debts before that money will find its way to her heirs.

mcguiremom3 · Jul 18, 2012, 03:04 PM

Originally Posted by Fr_Chuck

First we are sorry for your loss.
Should be covered in the rental or lease agreement. If no one notified them that she was not moving in, and they found out, on or after the date she was to move in, they are entitled at least to that first month, and perhaps first and second since they did not receive a 30 day notice.

Thank you for this information. This seems reasonable. Again, we want to be fair and understand the owner's situation as well. Notice was given immediately, on July 2nd.

mcguiremom3 · Jul 19, 2012, 01:12 PM

Hello:

I am asking a follow up question to the great information I received yesterday. Recap: My mother-in-law died suddenly on the exact date (July 1) she was to move into a rental home. While we understand and are not disputing the refund in July rent, we are requesting her security and cleaning deposit (my mother never set foot in the house after her initial walk-through in mid June and not a box was moved into the home).

My mother-in-law did go through a property management firm, however, they say that the owner has not released permission for them to return security/cleaning because he (owner) is not convinced that she passed away. Once I submitted a copy of the death certificate, he is still unsure and not hurrying to pay.

1) Isn't the security/cleaning deposit entitled to her estate (of which it will go to her adult, disabled son (my brother-in-law) who lived with her and cannot afford the home on his own.

2) Must it not be returned within 30 days of notification (in our case, July 2nd)?

3) Can he say that he will use the security/cleaning for rent of August because lease was broken? Can't a pretty good excuse of dying break a lease? FYI, my brother-in-law was NOT on the lease.

We are talking about several thousand dollars. Not chump change and worth pursuing if we are in the right.

AK lawyer · Jul 19, 2012, 05:22 PM

Originally Posted by mcguiremom3

... Can't a pretty good excuse of dying break a lease? ...

Actually, no. Probably not.

LisaB4657 · Jul 20, 2012, 12:13 PM

As a matter of fact, a tenant's estate is entitled to terminate a lease in Nevada upon 30 days written notice. NRS118A.340. You can read it at NRS: CHAPTER 118A - LANDLORD AND TENANT: DWELLINGS.

Fr_Chuck · Jul 20, 2012, 12:22 PM

Please do not start new questions, referring to other posts, I have merged them.

mcguiremom3 · Jul 25, 2012, 07:00 PM

My mother in law died just before she moved into a rental home. She signed a year's lease two weeks before she died. We immediately contacted lease company. The landlord is not giving permission to release security and cleaning deposit (she never moved in so the place is spotless).

1) Don't they have 30 days from date of notice to return these funds?

2) We are hearing that she (landlord) may use it for August rent (security and cleaning equaled one month's rent) if she can't find a tenent. Is this legal despite the fact that notice was given?

ScottGem · Jul 25, 2012, 07:06 PM

My condolences on your loss. I'm sorry but the landlord was entitled to 30 days notice that the lease was being terminated. Therefore they can use the security to offset the lost rent. If they can rent the unit before the 30days are up, they should return the difference.

LisaB4657 · Jul 25, 2012, 07:08 PM

You asked this question a week ago in the Real Estate Law forum. I don't know if you have seen it but this was my response:

"As a matter of fact, a tenant's estate is entitled to terminate a lease in Nevada upon 30 days written notice. NRS118A.340. You can read it at NRS: CHAPTER 118A - LANDLORD AND TENANT: DWELLINGS."

You can read all of the responses at https://www.askmehelpdesk.com/real-e...as-684343.html

LisaB4657 · Jul 25, 2012, 07:12 PM

In your original post in the Real Estate Law forum you said that your late mother-in-law had paid the rent for the first month as well as the security deposit and that the landlord was returning the security but not the rent. Now you are saying that the landlord is withholding the security to cover beyond the first month? If so then they are not permitted to do that. As long as you gave 30 days notice they may retain only the rent for the first month. They may not keep the security deposit.

ScottGem · Jul 25, 2012, 07:17 PM

I've merged your threads again. You were asked not to create new threads over the same issue. Please keep any followups in this thread.

mcguiremom3 · Jul 25, 2012, 07:48 PM

Thank you. Did not see the response earlier. The landlord is suggesting she will hold the security to pay for the second month's rent (we already paid July). Because she has not found a tenent, she has indicated she may use it for August because my mother-in-law had a year's lease. Thank you for your response! This is exactly what we thought, but wanted confirmation. She has until August 2nd to return funds. If not, we will pursue.

ScottGem · Jul 26, 2012, 03:21 AM

I wouldn't wait. I would send them a letter citing NRS118A.340. Since notice was given in accordance to the law the tenancy ends Aug 2. However, I believe that means that the time frame for them to return the deposit starts 8/2.

LisaB4657 · Jul 26, 2012, 06:46 AM

It can be successfully argued that the time frame for return of the deposit begins on the date that possession of the property is returned to the landlord. Since the tenant never took possession the time frame begins on the date the landlord received the notice.

ScottGem · Jul 26, 2012, 08:41 AM

And that would be an argument made in court

LisaB4657 · Jul 26, 2012, 08:50 AM

Absolutely. If I were in the OP's position and if I didn't receive the security deposit by Aug 2 (or whatever date was 30 days from the date I gave notice) I would file a lawsuit.

ScottGem · Jul 26, 2012, 09:25 AM

Originally Posted by LisaB4657

Absolutely. If I were in the OP's position and if I didn't receive the security deposit by Aug 2 (or whatever date was 30 days from the date I gave notice) I would file a lawsuit.

Good advice except the lawsuit must be filed in the name of the estate. So it has to be filed by the administrator or legal representative of the estate. This would also mean that the estate would probably have to have been submitted for probate so an administrator would have been appointed. If none of that has been done at this point, it has to be done soon to have an administrator in place by next week.