In Florida, tenants can lease apartments, townhomes, or houses for short-term or long-term rentals. The written lease gives the details: when they get possession, how much the rent will be, and their duties while they reside in the rental property.
Can They Take Your Rental Keys If Your Landlord Dies? No.
Tenant and Landlord are Parties to the Lease
This lease is an official contract under Florida law, signed by the tenant as the renter and the landlord as the person who is leasing the property to them. The tenant and the landlord are the “parties” to the “contract” in legal terminology.
It is legally binding when both parties have agreed to its terms, and evidenced that agreement by their signatures on the lease agreement itself.
We’ve discussed aspects of the lease agreement before, see:
- Renting a Florida Condo? What Should You Be Aware of in that Form Lease? Does it Reflect New Florida Landlord Tenant Laws Effective in 2013?
- Does a Landlord Have a Duty to Inspect and Make Repairs Before Leasing to a Tenant in Florida?
- Renting Is Becoming Popular Again in South Florida: Protect Yourself Under Florida Landlord Tenant Law
What if The Landlord Dies before the Lease is Up?
Florida law provides all sorts of protections for the tenant insofar as the landlord’s actions or failures to take action during the term of the lease. The landlord cannot arbitrarily raise the rent, for instance. And the landlord cannot ignore needed repairs that endanger the tenant.
However, things get more complicated when the landlord passes away. The tenant’s protections may now be found not in the terms of that lease agreement, or in Florida real estate law, inasmuch as the provisions of the Florida Probate Code.
When the landlord passes away, key here will be how the landlord signed the lease agreement. Did he sign as an individual? Did he sign as the representative of a company owner or a property management firm?
Personal Representative of the Landlord’s Estate
If the lease agreement was signed by an individual who dies, then Florida probate law will consider that lease as a part of the individual’s “estate.” It is an asset to be included among his other assets, like his car, his bank account, and his antique furniture.
Under Florida probate law, the lease agreement survives the death of the landlord. Now, the Personal Representative of the Estate takes on the role of landlord. The Personal Representative must make the repairs, etc., as defined by Florida landlord-tenant law and the lease agreement.
This is a temporary situation. The Personal Representative acts as “landlord” only until his job is done. Once the estate has completed probate, the assets are distributed to the heirs or beneficiaries.
How fast this happens will depend upon the size of the estate, the complexity of the estate, and whether or not the landlord had a valid Last Will and Testament under Florida law.
Landlord Dies without a Will
If the landlord passes away without a will, then he is said to have died “intestate.” Under the Florida Probate Code, there are specific statutes that outline how the estate is to be handled – and who is to inherit his assets. See:
- Florida Probate What Happens When the Original Will is Lost or Cannot Be Located
- Don’t Procrastinate in Getting Your Will Written: What Does Florida Law Say About Who Gets What if You Die Without a Valid Will (You May Not Like It)
Estates without a will take longer to go through the probate process. It is possible that the lease term will end before the Personal Representative’s job is completed. In this situation, the tenant resolves the move-out and return of the security deposit with the Personal Representative.
Landlord Dies with a Will
If the landlord dies leaving a valid will, then things may progress pretty fast in probate. The Personal Representative may be able to move forward and conclude the probate process by utilizing estate planning tools that the decedent put in place before his passing.
In this situations, it may well be that the Personal Representative is able to finish his job and transfer the assets, including the lease agreement, to the person who is to inherit the rental property under the terms of the Will before the end of the lease term.
How Do You Know About the Personal Representative?
It is the responsibility of the Personal Representative to inventory all the assets of the decedent on a timely basis. The Personal Representative will have the responsibility of notifying the tenant that there has been a death and that the Personal Representative now acts as “landlord” under the lease.
An official notice should be given to the tenant. It should include things like the name, mailing address, phone number, and e-mail address of the Personal Representative.
It should include details on where the rent should be paid and how the Personal Representative can be contacted if need be by the tenant.
Heirs and Beneficiaries as Landlord
When someone dies in Florida without a Will, then the Florida intestacy statutes outline who is to inherit the decedent’s assets. Usually, this is a close family member like the widow or widower, or a son or daughter.
In some situations, the decedent dies without heirs for distribution under the Florida intestacy statute. The law provides for these circumstances, as well.
Here, the rental property will devise to the county where it is located. Then the landlord becomes the local government’s representative (e.g., comptroller).
If the landlord passes away leaving a valid will, then the provisions will specify who is to inherit the rental property. This beneficiary will take over as landlord once the Personal Representative concludes the estate.
Personal Representative Sells the Rental Property
There may be occasions where the heirs and beneficiaries do not inherit the rental property, no matter how clearly they are in line to inherit under the Will or the intestacy statutes.
If the Personal Representative needs to sell assets of the estate in order to pay off valid debts of the landlord that survive his passing, then he may decide the rental property must be sold to get the cash to cover those debts.
The Personal Representative has the legal power to sell the rental property. The probate judge may need to approve the transaction.
The tenant cannot block this sale. However, the tenant does have the right to make an offer to buy the rental property, should she be interested in doing so.
And the rental property must be sold subject to the existing lease agreement.
The tenant cannot be forced to vacate the rental unit just because the Personal Representative needs to sell it to cover estate debts. The tenant’s leasehold Is a property right that must be respected.
Negotiation Before Sale of Rental Property
However, it may be advantageous for either the Personal Representative or the tenant to take this situation as an opportunity to negotiate. For instance:
- If the Personal Representative thinks the rental unit will sell faster or for a higher price if the tenant vacates, then he may offer a deal to the tenant to move out earlier than the end of the lease term.
- If the Tenant think the rental unit is more inviting to buyers as a rental property with an existing tenant, then he may try to negotiate terms with the Personal Representative that benefit him with things like a guarantee of no rent increase or improvements being made to the property that encourage the tenant to remain and not move out at the end of the term.
Duly Authorized Signatory Passes Away
Not all leases are signed by individuals. There can be leases where the actual landlord is a legal entity, not a person.
Here, the person who signed the lease alongside the tenant does so as the “duly authorized signatory” of that legal entity. It might be a bank. It might be a trust. It might be a property management firm.
When this person passes away, their estate does not become involved with the lease agreement. The landlord does not change under this contract.
The person who signed the lease agreement as “duly authorized signatory” was acting on behalf of the entity who is the “landlord.” The landlord will have another human being to take on that role after this person passes away, but the “landlord” has not changed.
Here, the tenant has an “incorporated landlord,” and the lease survives the death of the human being who was acting on its behalf when the lease agreement was executed.
Continuing Duty to Pay Rent after Death of Landlord
Some tenants may think that if the landlord dies, then the lease is terminated. This is wrong. The tenant has a continuing duty to pay rent even if the landlord passes away.
Tenants may be justifiably confused about who gets the rent, of course. Whose name goes on the Payee line on their check?
In these situations, if no one comes forward with legal authority to take the rent payments before the rent is due, the best course for the tenant is to follow the terms of the lease. This means paying the rent as they have always done, sending the check to the address identified in the lease agreement.
Copies of these rent payments should be made, and it might be wise to send these rent payments by certified mail, return receipt requested, to document that the rent check was sent and signed for by someone at that address.
Can the Landlord’s Relatives Kick Out the Tenant?
After the passing of their loved one, there may be family members who assume that they are owners of the rental property despite the law. They may try and harass the tenant. They may even order the tenant to move out.
Once again, lease agreements are governed by Florida law. The tenant has legal protections against this sort of thing.
In these instances, the tenant must abide by the terms of the lease agreement. And the tenant can enlist the aid of a tenant’s rights lawyer to help protect him or her against the illegal acts of the heirs or beneficiaries.
If these actions are threatening or escalating, it may also be wise to contact the local police for help in dealing with the heirs.
Florida Tenant’s Rights Lawyer Can Help
If you are leasing your home here in Florida and learn that your landlord has passed away, then you may have some legal questions to ask as well as some situations where you may need legal guidance or protection as things get resolved during the probate process.
Having an experienced Florida tenant’s rights lawyer on your side can be tremendously helpful in dealing with the Personal Representative, as well as the heirs and beneficiaries.
Our offices offer a free initial consultation in these matters. Please don’t hesitate to give us a call!
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