What Happens If Your Landlord Dies?

NOTE: After 4 years and 90 questions in the comment section I have closed off this (and all) articles to any more comments. Needless to say this remains a very hot topic that affects more renters than you’d think. I’m not updating this blog anymore and cannot answer any further questions about dead landlords. If your landlord has passed away, you probably need legal assistance. After reading this article for the basics as they apply to Chicago, your next step should be a web search for landlord-tenant attorneys and/or legal aid services for your county or city.

In previous articles I’ve addressed what a landlord should do if a tenant dies in the middle of a lease. However, I’ve not discussed the topic from the other side. So what happens to a tenant if the landlord dies?

Regardless of how you feel about your landlord's death, you probably have some questions about what's going to happen to your lease.

Regardless of how you feel about your landlord’s death, you probably have some questions about what’s going to happen to your lease.

I’m not an attorney, and I certainly cannot cover every possible scenario. However, I can address some of the basic questions that may arise. As always, the discussions here pertain to apartments in the Chicago area.

Question 1: Do I have to move out?

No. Your lease is part of the property, just like the refrigerator, the garage and the roof. If the owner sells the building, he/she sells your lease along with it. If the owner dies, your lease continues. You do not have to move out automatically. Your landlord’s heirs cannot suddenly kick you out because they want to move in.

Question 2: Where do I send my rent?

You should continue to send your rent to the address listed on your lease. Once the landlord’s estate is settled, the probate attorney and/or the new owners who have inherited the property will send you written notice of any changes.

If your rent check comes back as undeliverable, hang onto it unopened in the envelope as proof that you tried.

If your rent check comes back as undeliverable, hang onto it unopened in the envelope as proof that you tried.

Question 3: Who’s the new owner?

This is probably the most complicated question. It may take some time for the new owner to be determined, depending on how the property title was held. In other cases, the new owner could be able to step in within a matter of days. In the interim, the executor of the estate will become your main point of contact. This could be someone named in the landlord’s will or a court-appointed probate attorney. Either way, until you are notified in writing of a change in ownership, make sure all dealings regarding your apartment are handled in writing to the landlord’s address as listed on your lease.

If They’re Incorporated

If your landlord was incorporated – either as a corporation or LLC – with other partners, then you have nothing to worry about. The company will survive the death of the landlord. However, if the landlord was the only partner in the company, the entire company’s assets (including your lease) will pass on to the landlord’s heirs.

If They Have Heirs and a Legal Will

Provided the will is legal, the property goes to whoever is specified in the will. For all you know, it might even be you!

Provided the will is legal, the property goes to whoever is specified in the will. For all you know, it might even be you! (Maybe you should be nice to your landlord after all…)

If the landlord had a legal will and designated heirs, the property and your lease will pass on to the heirs specified in the will. These heirs will become your new landlords automatically, although it may take them some time to figure out who will be handling your specific concerns.

If They Have Heirs and No Will

It’s highly unlikely that your landlord will die without a will (“intestate”) but if so, the ownership will be determined through Cook County probate court. Illinois has a very specific order of preference for distributing property among remaining family. Children and living spouses are the first option, followed by parents and siblings, grandparents, great-grandparents, and if all else fails, the property goes to the next closest surviving relative. However, the property may well be distributed evenly among many relatives, so your property could wind up the subject of dispute between squabbling relatives. The most important thing in this case is to remain in close contact with the probate attorney appointed to handle the estate, as any official changes in ownership will come to you from them.

If They Have No Heirs and No Will

escheat happens

Again, this scenario is highly unlikely, but in the case that your landlord had no will and no surviving family, your building will become property of Cook County. (In legal terms, the property “escheats” to the county.)

If The Landlord Owes Outstanding Debts

What if your landlord died while still owing money to somebody? Regardless of what the will says, the landlord’s creditors have to be paid first. This may mean that your apartment will transferred in order to settle a debt. Three common situations where this could occur would be if the landlord had a mortgage on the property, if they had not yet paid contractors for major renovation work at the building, or if they had unpaid back taxes. Either way, the creditor gets your building and you along with it.

Question 4: Can I use this as a reason to break my lease?

Not really. The new owners who inherit the estate probably wouldn’t fault you for wanting to head out early, but since your lease is still valid and your apartment is still intact, you’ll have to follow the same lease break routine that you’d have followed if your landlord was still alive. Please be gentle with the relatives of your landlord when you go to discuss leaving – it is always a delicate and difficult situation.

Question 5: What if the owner lived on site?

All of the above is pretty much consistent if the landlord lived in the same building with you or not. However, if the landlord died in the building (I know, ew!) then you may have grounds for breaking your lease. A death on the property requires special clean up and care. Your property may be sealed for investigation by the coroner. If you can’t get into the property or it’s a health hazard, and the problem continues for over 72 hours, you do have a right to break your lease. The only problem is that you have to provide written notice to your landlord asking them to correct the problem, and figuring out who your new landlord is within 72 hours can be difficult.

Regardless, the most important things in this situation are to find safe substitute housing immediately – a hotel if you have to – and to cooperate with the authorities and the heirs in order to find out when you can safely return. This sort of extreme scenario would merit a call to an attorney to ensure that your needs remain prominent in the minds of those dealing directly with the death.

Question 6: What if my lease expires before the estate is settled?

Complicated estates can take months or even years to parcel out between heirs.

If you’re on a one year lease, it may well be that your lease expires before everything is resolved. Your lease expiration date, like all other aspects of your lease, remains valid even if the owner dies. In Chicago, a landlord has to provide you with at least 30 days written notice if they don’t intend to renew your lease. Unless your landlord did so before death, you have the right to stay in your apartment on a month-to-month lease.

If you choose to move out at the end of your lease, your course of action should be to send a letter stating as much to the same address where you send your rent, at least a month before the last day of the lease.

Question 7: How do I get my security deposit back?

This is probably the most complicated of all of the questions. The first step should be to provide your forwarding address to the executor of the estate when you move out, along with a reminder that they must return a list of itemized deductions within 30 days, and the balance of your deposit, with interest, within 45 days.

If the estate does not return your deposit before the deadline, you do have a right to sue them to get the money back.

Overall the most important things to remember in this kind of situation are:

  • Make sure your voice is heard. It is very easy in the process of settling an estate for the heirs to forget about the deceased’s renters. As soon as an executor is appointed, you must remain a firm presence in the process so that your needs are not forgotten.
  • Be kind and patient. The person who inherits your building may not have any experience as a Chicago landlord. Our landlord-tenant laws are some of the most complex in the country. It takes a while to learn how we do things around here. You’ll have to take some time to read up on the rules yourself, and you may have to gently coach your new landlord on how to do things the right way. Remember that they just lost a family member – please don’t take their inexperience as a reason to take advantage of them.
  • Seek help if you need it. These sorts of complicated situations are why professionals exist. You may deal with grief yourself over the loss, even if the landlord was not a good friend. If the estate spends a long time in probate you may need to consult with an attorney. Like it or not, the death of your landlord means that changes are headed your way, and not all of them will be predictable.
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90 Responses so far.

  1. luke says:

    my landlord died but hes also my boss! so the lawyer has taken over now and he gave me like 4 days to move out its been like 7 and I haven’t yet.i don’t have a written lease just verbal and I was paying weekly! So now I have no job no $$ to get a new place and they’re kicking me out is this legal and should I just listen to him and be homeless,jobless,and oh yeah main reason I took this job is cuz I don’t have a license!! Any help would be awesome!!

    • Kay Cleaves Kay Cleaves says:

      Hi Luke,
      Sorry you’ve been having a rough time. Unfortunately you’d have to speak with an attorney to determine whether your situation is legal or not. Best recommendation I can make is to see if you can stay with a friend or family until you get back on your feet. The type of landlords who are willing to rent to jobless folks are probably not the type of landlords you want to be renting from. You’ll want to find someplace to stay until you can save up enough to cover the first three months of rent, utilities and move-in costs.

      Also consider speaking with local charities that help people in your situation. I know Catholic Charities in my area has been known to assist renters, there are others as well. Not sure of your area but it’s worth a shot.

    • Lala says:

      No it’s not legal he have to pay u to move

  2. Rick says:

    The landlord has also passed away. None of the his kids took ownership of appt.And to my knowledge the building is in foreclosure. The other day one of the kids gave gave us a notice to pay a sum of money or get out. We have been living there for over a year. What should we do.?

    • Kay Cleaves Kay Cleaves says:

      I’d start looking for a new apartment if I were you. If you’ve been paying proper rent to the address specified in your lease or last written contact from the estate, then you owe nothing else to the heirs.

      Given that the property is in foreclosure you’ll want to verify who owns it by checking with your county’s recorder of deeds before paying the heirs. Ownership is usually a matter of public record.

      If you’re on a month to month lease or your prior lease has expired the heirs do have a right to increase your rent with 30 days notice, provided they still own the property.

      Regardless, it sounds like this is not a healthy rental situation and you would be better off elsewhere. It’s better to start looking on your own terms than it is to wait for the bank to give you 60 days notice after they take over the building.

      • Mandy says:

        Hi Kay, my landlord died and we don’t have a lease, how long until we have to move out?
        Western Australia

  3. Amy says:

    My landlord passed away. In his will he left the places he owned to his girlfriend. Well she wrote the will in her hand writing and he signed. Meaning the will is no good. And now his places r in probate between his children and his girlfriend. We have lived here for 2 yrs and r current on our rent. My husband called her and told her done things needed to be fixed as she still collected our rent. When he called her she informed him she wasn’t fixing anything. They had words back and forth and now I was delivered through mail not certified or registered just regular mail from a lawyer stating she had hired is and our lease was up and she wants us out by the end of the month. Mind u our lease has been up for a year now. She was angry for us needing things done. what do we do? She is not only bring unfair and unjust but just mean. When speaking to her she also said if she was to change herons and allow us to stay that we would have to get rid of our pets in which our landlord had iringinally let us move in with.

    • Kay Cleaves Kay Cleaves says:

      Hi Amy. Sounds like a real mess you’ve got there.

      You have two options.

      1. Find a new apartment and leave by the end of the month. Wash your hands of this mess and find a landlord who’s willing to maintain their investment.

      2. Stay and be willing to deal with an eviction lawsuit. If what you say is true about the landlord sending you notice to leave because you requested repairs, that could be considered “retaliation” and would work in your favor to have an eviction case dismissed.

      Since leases continue with the property regardless of who buys it/inherits it, many landlords who take over new property will have the tenants sign new leases so that everyone’s on their paperwork. I’m not entirely surprised that she’s given you a “sign my paperwork or get out” scenario. It’s the cause-effect chain that’s the kicker.

      Even so, if the property is in probate and the current owner does not want you there with your pets it’s probably time to move along. If you survive the eviction and stay put it’s likely that you’ll be hit with a massive ding on your deposit when you go for “pet damages.” I’d say it’s best to move along to a new location where your whole family is welcome, pets included.

  4. Amy says:

    Sorry for bad typing

    • Kay Cleaves Kay Cleaves says:

      No problem.

      • Kevin Villeneuve says:

        I am in a situation where the people that inherited my grandpa’s home want to move in immediately. I have been renting out a bedroom in the basement from him. Are they legally allowed to move in before the ninety day period? And, am I allowed to move all my own stuff out during probate??

  5. Heather says:

    hi, my landlord passed away about a month and a half ago. His is supposedly came by the day after his death asking about how the rent was paid and such things like that concerning the property. We went ahead and sent her the rent for the first month after the passing of our landlord. However, I am skeptical as to who this lady is because she showed no proof of ownership of the property, being the sister or sibling I’m sorry of our landlord and we had never heard of her before this passing of him.my question for you is how do I go about finding out who legally owns my landlord’s house and property now that he has passed away? should I send the rent to this lady that is stating she is the landlord sister? is there a way to find out if the property and house is in probate at the moment? If it is in probate about how long will it take before we know who we have to pay rent to? I appreciate your time

    • Kay Cleaves Kay Cleaves says:

      Heather, the best place to check to find out who currently owns the property is with the County Recorder of Deeds. If you’re in Cook County (Chicago and nearby suburbs) here’s how to check:

      1. Look up the building on cookcountypropertyinfo.com to find the PIN.
      2. Take that pin over to cookrecorder.com and look up the recorded transactions.

      Bear in mind that the published county data is going to be at least a month behind real life, so in the event of a probate case it may be tough to tell.

      As for probate, you can also check that online at the Cook County Clerk of Court: http://www.cookcountyclerkofcourt.org/?section=CASEINFOPage&CASEINFOPage=4210

      Regardless, if there is a change to where your rent should go the new owner should notify you in writing, ideally cosigned by an attorney. If they moved your deposit to a new bank they should also have notified you of the new location (Bank name and address) within 14 days of doing so.

      If you receive a notice to this end I don’t think you can be found at fault for following the instructions. If you would like to follow the “trust but verify” route and check on the probate status I wouldn’t fault you for it though.

  6. sylvia says:

    My 88 year old mothers landlord passed away. My mom was, taking care of her and had a reduction in rent. My mom lived there for over 10 years, with no lease. Lawyers wrote a letter saying she has 30 days to move or have to pay 3000 a month. What can she do? Need help

    • Kay Cleaves Kay Cleaves says:

      Sorry to hear that the new owners are being a pain. If your mother had no lease then by default she was on what’s called a month-to-month agreement. This means the terms of her stay – including how much she’s paying in rent and how long she can remain there – can be changed with one month’s notice. If the lawyers’ letter says she has to leave in 30 days, then she needs to find a new place. She may be able to speak to the new owner and request some extra time – maybe another couple of weeks to a month – if she has extreme circumstances that make it tough for her to find a new place in a month. However, with no written lease she has no protection against something like this occurring.

  7. tomara owens says:

    When my landlord died his children took over the property that I had lived in for over 10 years .I stayed for another year and signed a new lease with them and moved out after only 1yr.There were no damages or any reason for my security deposit to be held I was no given an itemized list and was told that was between me and the deceased. What can do live in NC and wanted to know can I sue for the interest on my deposit since it was suppose to be in a bank for over 10 years ,since it was held unlawfully can I sue for double or triple the amount in my state or will the judge have to decide?


    • Kay Cleaves Kay Cleaves says:

      Sorry, my experience is pretty exclusive to Chicago. I wouldn’t want to tell you something that is incorrect for NC. Your best bet would be to contact a local attorney who specializes in landlord-tenant matters. You can search avvo.com by specialty for good attorneys. The profiles there will let you know if they offer a free initial consultation.

  8. Ant says:

    My landlord was also my grandfather (father to my deceased mother). We never had a lease, just a verbal contract. He died last month, I heard the property is going to an estate run by my greedy aunt. My uncle thinks he should run the estate. My mother should have run the estate if she were still alive. Since I am family, do I need to continue to pay rent?

    Not sure what to do. Any advise would be helpful.

    • Kay Cleaves Kay Cleaves says:

      You need to continue to pay rent to the same place it was going before until you hear otherwise in writing. Ideally, since the property ownership is in limbo, pay by cashier’s check or money order and get a receipt when you pay it as proof that you’ve been honoring your end of your verbal agreement with your grandfather.

      Even a verbal agreement with family counts as a month-to-month lease. That agreement remains in force as leases run with the building, not with the owner. If you stop honoring your end of the contract and your “greedy aunt” gets the property, you’d better believe she’ll try to bump you out of there and you won’t have a legal leg to stand on. If you can prove that you held up your part of the bargain through the whole estate settlement, you’ll have a lot more clout if you want to stay there after the new owner is named.

  9. McKenzie says:

    What happens if the landlord owns (finances) the house (the house is under his name) and has rented out the rooms to tenants and he has suddenly passed away. His son is passing on his rights to his grandfather (landlords dad) as EX of the estate, but this has not been filed in the Texas courts. Do the roommates have rights to still stay in the house and if so do they have to be given 30 days notice to vacate the property?

    Also, a few days before the landlord died there was a gas leak and the gas was shut off. Repairs are costly and have to be done in order to get the gas turned back on. Who rightfully should take care of this cost since the landlord is dead and no one is appointed to the estate as of yet.

    should the roommates still pay rent? I don’t believe their intentions are to pay this I why I am asking.

    Right now the house is in limbo and were not sure of the Texas laws in regards to this.

    Thank you for any advise you can provide!

  10. Laurel McKernan says:

    My 92 yo father with Alzheimer’s was cared for in his home by my sister who was DPOA of finance and for several years she managed all of my dad’s finances including writing checks, paying bills etc,. My Dad’s DPOA for health was activated. We did not have guardianship. There is lots of medical documentation regarding his incapacity. A year ago my brother, his wife, and adult son moved in. Repeatedly they were asked by the DPOA of finance to sign a month to month rental agreement and or help pay utilities – they refused. My dad was repeatedly hospitalized and a few months ago moved into a nursing home. The DPOa of finance had a lawyer send the freeloaders a letter stating they were guests and needed to move out so the house could be put on the market to qualify for Medicaid They responded by producing a lease (the DPOA had never seen it) that was purportedly signed by my dad a few days before my dad was hospitalized and is renewable year to year. My dad could not answer a simple question at that point in time. The lease can only be broken by cause that includes things like conviction of felony and they only have to pay 100 dollars a month in rent. They have to not pay rent x 3 months then get a 60 day notice to forced to move out. Also they stated they did not accept authority of DPOA of finance and that no was handling my father’s finances so they could not pay rent. (Untrue the bank and nursing home accepted the duly executed DPOA) . We are still paying taxes, heat electric, internet cable etc as our lawyers says if we have them put utilities in their name it gives them more right to the house. We filed in probate court to get guardianship but my dad passed away too soon.

    Now that my dad has died the DPOA is the executor of the estate. There is a reverse mortgage on the house, but with equity in the home remaining. There are 5 beneficiaries (one living in the house). Is their lease valid for another 9 months? Do we challenge the validity of the lease in court? Can we at least make rent fair market value? How do we get them out?

  11. Amanda says:

    My landlord passed away in October. I knew nothing about it until I received a letter in the mail saying he had passed away and to send my rental payments to another realtor. My lease was up at the end of October so I would have had to sign a new lease. I was waiting to see if they would file something in court so I could pay them then but they haven’t. What should I do???

  12. randy decker says:

    My landlord died and his brother has tooken over the estate and said we can stay til bank takes property what should i do what is my rights

  13. Nicole says:

    Hey, my landlord died and I found him in his house already passed away. To my knowledge, he has no surviving family. Maybe a nephew that he don’t talk to. His will (if he has one) has been very wishy washy. He never knew who to leave his things to. I just recently started renting out the back part of the house month to month and paid him in cash. The cops told me I could stay there until the lights got cut off because he paid that. What if I paid the light bill though and I heard maybe if I paid the property tax when it came in the mail then nobody would come looking to take the house because of unpaid bills? Would I be able to stay in the house (or at least still in the back) until things got sorted? What are my options? Can you please reply asap! Thank you!

    • Kay Cleaves Kay Cleaves says:

      Wow, what a horrible situation to go through. You have my sympathies. I’m not sure what state you’re in – my experience is exclusive to Chicago IL. Around here, a lease runs with the property so even if someone new takes over ownership they’d have to give you a month’s notice before you have to leave. I wouldn’t get into paying property taxes for the place until you talk with an attorney and a financial planner. There could be a mortgage on the property, in which case paying just the taxes might protect you from the county but not the bank. If you’re thinking of paying the property taxes and the title is in dispute, you’re walking down the path of trying to assume ownership, even if it’s unintentional. Best to get some legal advice before you start laying out additional funds beyond your verbal rent agreement.

  14. stephanie says:

    I bought a double wide trailer on someones elses property that I pay space rent to.. The lady is close to passing away and the children are fighting over the land. What will happen to me and the other people that own trailers on their land? Do we have any rights? What is the legal worst case scenario that we are looking at??? Please help

    • Kay Cleaves Kay Cleaves says:

      In the US, a lease runs with the land, not with the owner. If you have a lease or a history of rent payments (receipts, etc) with the owner, that lease will remain valid regardless of who inherits the property after their death.

      If the kids follow the law and you’ve got a written lease, they’ll can ask you to leave when your written lease expires. In most states they have to give you advance notice if they plan to do this, although the amount of notice required varies from state to state and city to city. If you don’t have a written lease, they will probably have to give you one month notice to change the terms of your agreement, including raising the rent and/or asking you to leave.

      Of course, if they don’t follow the law they can try and remove your belongings without any notice or going through legal channels. This is entirely illegal everywhere in the US, but if they’re totally clueless about landlord-tenant matters they may try it anyhow. Be ready for this to occur.

      Even if they don’t decided to bounce you out of there, there’s also the issue of maintenance of the property after the owner passes away. If the heirs are disputing the turf, none of them may be willing and/or interested in fixing things when they break and handling other responsibilities of ownership like paying property taxes and utility bills.

      If your landlord is still of sound mind I would recommend that you get a written lease with her as soon as possible in order to protect yourself. If she’s no longer capable of signing legal documents, I would send a written letter to each of the heirs (the same letter to each of them) introducing yourself and explaining your situation. Ask how they plan to handle your situation and who will be your main point of contact.

  15. Kay Marie says:

    My landlord died last June. We did not find out until September when our apartment was flooded due to the tenants above us. In trying to contact her, her brother answered her home phone and told us the news as well as advising us that her business partner would take over the properties. Her brother lives in another state and so does the business partner. Long story short her business partner was almost impossible to reach and did not assist us with the flooding/mold disaster. We had to move out of the apartment for 8 weeks. We withheld the rent while we were out and surely enough her partner contacted us, we explained the situation and told him why we held the rent, he agreed and told us to keep the money. Sounds nice right? Well now we want to move. We have been on a month to month lease for the last 2 years. I want to give my 30 day notice but I cannot reach the new landlord his only contact is a cell phone number. The business address is still my old landlords address and no one lives there. It is not far from where we live. How can I prove I gave a 30 day notice and that he received it?

    • Kay Cleaves Kay Cleaves says:

      A couple of routes to do this.

      If you’ve been mailing in your rent check, mail the notice using Certified Mail/Signature Required to the same address.

      Alternately, send the notice with your rent check. Put a big bright sticky note on the check saying “please read enclosed letter” and put the notice itself as a separate page with your signature in the same envelope. Take a picture of the envelope contents before you send it in. The deposited check will be your proof of receipt.

      A bit more of a technical step is to look up your apartment address on your County Tax Treasurer’s website to find out the address of the Taxpayer of Record. Mail it to the address you find there, Certified/Signature Required, or tape the notice in an envelope to the door of that location if it’s reasonably sheltered from the weather, and videotape yourself doing so for proof.

  16. Kathy says:

    I’m just curious about what could happen if you landload dies and there is no one collecting rent. My sister is under the impression she does not need to pay rent because he’s dead. They had a lease for a year, and he died a few months after they moved in. I guess what I’m asking is what will happen when the estate is taken over my a relative? Will she have to pay back rent to the new owner, or is it void because he is dead. I’m worryed that she will have to come up with 10,000, probally more. Or have this ruin her credit, or rental history. Thanks

    • Kay Cleaves Kay Cleaves says:

      The lease runs with the land, not with the landlord. If she had continued to pay rent to the address on her lease, even after the lease expired, she still would have been honoring the written agreement and would have had proof and a valid case if the landlord’s heir tried to kick her out.

      Since she has stopped paying her rent, she has violated her contractual agreement – the lease is void, but because of her actions, not because the landlord died. She’s now squatting on the land and the heirs have a right to evict her. They will have to follow proper course of law and evict her through the court system, but she doesn’t have a leg to stand on anymore. If she pays the entire amount due to the heirs along with any late fees they may be willing to negotiate a new lease with her so she can stay, but as things stand right now she’s probably headed straight for an eviction as soon as the estate is settled.

  17. Annie says:


    Thank you for any input you may have. We have rented our house for a little more then 4 years. The owner passed away about 2 1/2 years after we rented it. Her daughter who we met after she became executor of the house has asked us to move so she can move in. We are moving and asked her to do a pre move walk through inspection to give us her input. She was not involved with the original walk through that was done when we first rented the house and has only been in the house one time (when her mom was to sick to come when we had a bathroom issue)since we started renting it.She is trying to say we did not have permission to do a couple of things (like a doggie door) that the original owner did tell us we had permission to do.She is threatening to take money from our deposit for things we had permission to do (saying we did not have permission)If you have any input as to our rights that would be great. Thank you

    • Kay Cleaves Kay Cleaves says:

      Here are the circumstances under which you might be able to keep the changes:
      – You have written permission from the deceased stating you can make the changes.
      – You have photos from when you moved in showing the condition of the apartment at that time so that the extent of the changes can be established.

      Otherwise you will need to either restore the property to the way it was when you moved in or expect to have the cost of the restoration deducted from your deposit. The only exception to this is small changes made to accommodate disabilities, although those must also be restored if they affect the usefulness of the apartment for others.

      As always, advice provided is valid for Chicago, IL only and should be supplemented with conversation with a landlord-tenant expert in your local area.

  18. Anthony Ballon says:

    I am a month to month renter of a room in a friend’s home that has no lease or written agreements. I’ve had the misfortune to have witnessed the untimely death of my friend who also happened to be paying a mortgage on the property we lived on. I rent a room. It seems he had no Will and his brother, now the executor, seems to have taken no interest in property or even to step foot on the property. He had even went as far as to tell me I could take my friends vehicle if I can obtain the title! Yikes. So with no interest by the executor of property, no Will, what do I do and what should I not do (such as attempting to pay utilities so that I can “wait it out”)? An officer suggested I simply wait until someone with legal premise actually contacts me and tells me to leave, that’s when I must go. What a mess.

    • Kay Cleaves Kay Cleaves says:

      That is indeed a mess, and you have my sympathies. Dealing with the death of a friend and the state of affairs they leave behind is never on anyone’s to-do list.

      First and foremost, you need to be talking to an attorney that specializes in this sort of thing for your state and town.

      Secondly, you need to consider that there is a difference between what is legal for you to do and what you feel comfortable doing. The officer gave you the correct information – you can stay there until you are told by the estate or new owners of the property to leave. In order to do so, though, you must continue to honor your verbal agreement with your friend as if he were still alive. Continue to pay your rent into his account. Continue to keep your area of the home clean. If the brother asks you to pay rent to a new account, you can do so. Just keep paying it.

      However, consider another perspective: if the landlord were still alive and suddenly stopped paying the utility bills and maintaining the property, would you choose to keep living there? I’m thinking no. I would suggest that you take this as your cue to prepare your exit from this particular drama before it devours your life and finances.

  19. Victor says:

    my question is my landlord had passed away six months ago and the house is currently paid off I have not heard anything from any of his children or his newly wedded wife I’ve been paying all the utilities and also I just got the bill for the property taxes I’m not sure what to do is it illegal for me to stay here no one has came to the house or anything in the past 6 monthssince its me all by myself in a four bedroom house I decided to get a few roommate is this illegal what I’m doing? What should I do can I continue staying here and not have to worry about going to jail and also should I pay the property taxes with my own money?

    • Kay Cleaves Kay Cleaves says:

      The laws pertaining to property taxes, squatting on property and inheritance vary depending on your area of the country/world. I recommend finding a reputable attorney who focuses on landlord-tenant issues and/or wills and trusts to find out what laws affect your situation. Avvo.com is a great place to start for finding reputable attorneys who serve your area. Many offer free initial consultations.

      I do recommend continuing to pay your rent and uphold your end of whatever lease agreements you had with your deceased landlord. I also recommend making good faith efforts to contact the wife and kids in writing to figure out what their plans are, using certified mail and keeping copies of all correspondence and communication attempts that you make.

  20. J D says:

    Had a verbal agreement with Landlord for almost 10 years now. The agreement was very simple. I pay rent, he collects, we discuss repairs as they happen. “As-is” house. Previous tenent had 15 cats, so we had a lot of work to do so far as cleaning, but we did it ourselves.

    Good guy, everything was fine.

    He passed away and now his wife wanted us out. So we move. We clean up the entire house, mop it and everything. We keep the grass cut, etc.

    There was mold issues that we had told him about, verbally, but nothing had been done. Water was getting under a door in a side-room of the house.

    Now the landlord’s widow, who is very old and senile, is demanding thousands of dollars to take down walls and put in new flooring.

    She wasn’t ever aware of the cat lady living there. She hasn’t seen the house in 20 years until now.

    She says she’s suing us, and she’s filthy rich. We can’t afford a lawyer, and we’re kinda freaking out.

    Any advise?

  21. emily says:

    I have rented a home for 13 years. When I moved in I paid 1st months rent, last months rent and a deposit in the amount of 1 months rent. My landlord died 15 months ago. She was my dear friend and neighbor as well. Her family sold the property 9 months ago. I am buying a home and will be moving soon. The new owner states they are not required to honor that contract and return my deposit or last months rent. I no longer have my original contract with owner. What can I do?

  22. Kimberly says:

    My lanlord died on February 2, 2014. Since then five different people have claimed to be the lanlord. I haven’t paid anyone any money! Times are hard and I can’t afford to throw my money away. I found out the building is in a trust and the bank is the owner. My question is who do I pay?

  23. Staci says:

    I have a friend that has been living in a house for 3 years without a written lease & his landlord died. Can the executor of the will evict my friend before the will is finalized?

    • Kay Cleaves Kay Cleaves says:

      Yes, absolutely. The executor is supposed to act in the best interests of the estate. If your friend is not paying rent or otherwise causing harm to the property, then it would be in the best interest of the executor to take the usual steps towards eviction. It would have to go through the court system. However, it is totally possible.

  24. lynn says:

    My father passed leaving the land I live on to me but the house I’ve lived in to my uncle. My uncle is evicting me from the house. Can he do that when the house is on land I own?

    • Kay Cleaves Kay Cleaves says:

      You need to talk with an attorney about that one. Preferably someone with experience in both estate and landlord-tenant matters in your area. Your local bar association should be able to recommend you a good attorney. Alternately you can search on avvo.com or martindale.com.

  25. Mike says:

    We have a contract for deed and our landlord passed away just a month shy of being paid in full. Now we are going through the heirs and they are dragging their feet. It has been two years since the landlord passed away. We are paying the taxes and have been for four years.

  26. Ray says:

    I was renting land from a lady who had a life estate she has passed away n the new owner is trying to not let me get my belongings off the property is this legal or what r my options to retrieve my belongings the place in question is in wyoming

  27. Dodie says:

    Hi there,
    This is a complicated situation. First we were offered to move next door after our landlord passed away by the 2 sons that are listed on the estate. We had planned to buy this house by November. The first problem we experienced was waiting all day for the other tenants to move out. They were supposed to be out the day before. The one sons wife(Tammy) is the one giving us the problems. Instead of demanding the other tenants to hurry up all she did was help them move a few pieces of furniture and we couldn’t start moving until almost 5:00 pm. Tammy demanded that we move in on the 1st so I had 5 people take off the day of work for us to move. We had all the trucks ready to move at 8:00 am. I had to clean both houses because I always clean my house when we move and because no one cleaned this one. I am on disability and I had to clean both floors. Two apartments in this house. They left a pile of garbage outside that filled a truck and trailer. We ended up paying for that also because we asked the landlords if they could get rid of it. It sat for weeks in the heat and it stunk so bad that we had to get rid of it. At one time they had 30 dogs in this house and the landlords did nothing about that either. They come in and out to do a bit of drywall and painting and we have been compromising in letting them come in and out so far. The wood the last tenants purchased and left here, Tammy thinks we need to pay them for that too. Why should we pay for wood that never belonged to the landlord. She will call up to 9 times in one day to harass about the rent, the wood and when are we buying the house. We are currently working on getting financing and she constantly ask me when we will get an answer she is driving us crazy. I canceled my cell phone and got a home phone and I refuse to give her the number. The sad thing is also we used to be not good friends but got along. Can you help?

    • Kay Cleaves Kay Cleaves says:

      I see from your IP & email that you’re in Canada. (Don’t worry, only I can see this identifying info.) This is way beyond my area of expertise, especially when it comes to landlord-tenant matters. You should probably find someone who specializes in these matters for your local area. My experience extends only to Chicago, IL, US and as noted in the panel above the comment box I have not had an active real estate license since August of 2014.

      I can say this much: the issues you describe are all very common issues among small private landlords. Not having the place ready on time, no clear turnover procedures in place, phone harassment and entry without notice are all things that I see crop up time and again. It doesn’t make the problems any nicer to deal with, but at least you can know you’re not alone.

      I recommend finding a local tenants union or landlord-tenant attorney who focuses on issues in your area and offers free consultations. Usually a search for “legal aid” in your area will turn up some useful resources.

  28. jailee says:

    I’ve lived with my grandfather and grandmother for 9years my mom and dad had a verbal agreement with them. ( grandparents were sick and needed close care) so we moved in not paying rent cause grandpa wouldn’t take any money. Soon after that my father died. my grandma was very sick she ate out of feeding tubes connected to machines the whole nine yards. My grandpa shorty became sick and also died then my grandma. My uncles are trying to evict us. And take us to court When our names are on the property. Just thought I should get some legal advice before i get to worried

    • Kay Cleaves Kay Cleaves says:

      Terrible situation. I agree, you should get some legal advice. Try contacting your local legal aid service, or you can contact your local bar association for a recommendation of an attorney that offers free consultations.

  29. Ryan says:

    My aunt was my landlord, and she suddenly passed away mid June. The house she was renting to us was her old house before she even met my uncle. So there is no will, no estate, nothing. From what I’ve heard she owed almost double of what the house is actually worth. Maybe borrowed against it or bought it before house prices dropped. Not really sure. Anyway my uncle said since she owes so much it’s not worth it to go thru the process of switching it all to his name. Also it’s a reminder that his wife passed away way too soon. He just wants it to be done and gone. So he is just going to let it go into foreclosure. He doesn’t want to get mixed up in all of this, and all of sudden have the bank start bugging him. He wants to just call anonymously and say she passed away, here’s her death certificate, no more payments will be made on the house, and hang up. He told us to stop paying rent since he’s not going to be making the payments and save up. We have been here for almost 6 years, this year’s lease is up in Feb. Now I do know he has not yet called the bank to say she’s passed. My question is, it has already been about 3 months since she passed. Once he calls and says no more payments will be made how much time will we have left to stay in the house? Is our lease still valid? If not do you think we’ll at least have enough time to stay til our lease would expire in Feb? We kind of want to stay as long as we can to save save save as much money as possible. I know foreclosures can take quiet a while, but this is a little different of a situation. I’ve been told I could probably stay past Feb because of how long the process takes. I’ve also heard it could be before then. We just don’t want to come home one day and they changed the locks and all of our stuff is outside. I would assume once they do foreclose on it and they come to put that sticker on the window from that point they would have to give us some type of notice, right?

    • Kay Cleaves Kay Cleaves says:

      Sorry to hear about your aunt. You don’t mention what state or city you’re living in, and some of the laws vary between locations. My experience is with Chicago, IL and I will answer as if you were living there. However, I do recommend that you follow up with an attorney. Check on avvo.com and with your local bar association to find one who gives free consultations. I am NOT a lawyer and this should not be taken as legal advice.

      That being said. If both you and your uncle had continued to observe the conditions of your existing lease it would still be valid now, in February, and after the bank takes the building. Leases run with the building, and remain valid even after the building changes hands. However, if your uncle (as the new owner of the property) has changed the terms of the lease by saying you don’t have to pay anymore, you have now entered into a grey area where your original signed lease with your aunt may no longer be valid. If you kept paying despite his instructions, you’re still in the clear. If not, things get a lot fuzzier, since you’re in violation of the original contract, even though you have verbal permission.

      If I were in your shoes and here in Chicago, I adjust the written lease agreement to state that rent is payable in six month increments, next due in March or February, and get both sides to sign the new agreement. Either that or adjust the contract to say that rent is $1 per month and get him to sign off on the change. That way I would have proof to show the bank that I have a right to be there after they take over.

      The amount of notice that a bank must give to renters in a foreclosed property is something that is set by your local laws. In Chicago it’s 60 days, plus the bank must provide some money to the renters to help them find a new place. In other places it may be less or more than that, as low as 30 days or as high as 90. Just like any landlord, they cannot just come chuck your stuff outside and padlock the building. They do need to provide you with some notice. The timeframe of that notice may not be to your liking, though.

      The time it takes for a bank to foreclose on a property depends on if you live in a state that requires them to go through the court system or not. In Illinois and 19 other states, banks must file in the county court to foreclose, which takes longer than it would otherwise. If you were in Chicago I’d say that you’d have a pretty good chance of staying in your place until February, as foreclosures usually take 12-15 months. However, if you’re in, say, Arizona, where there’s no cold weather moratorium on evictions and no judicial foreclosure, then it could happen in 3-4 months, which would just barely get you to February.

      If you do live in a state that requires judicial foreclosure, you may be able to track the court case through online methods. For example, in Chicago I know that foreclosure cases are heard in the County Chancery court and the public can follow the proceedings for free on the County Clerk’s website.

      Either way, if your uncle isn’t willing to pay the mortgage, he probably also will not be willing to fix anything that breaks over the next few months and the bank certainly won’t fix anything once they take over. It may be better to start looking now when you can have some amount of control over choosing your new home, rather than waiting until the furnace goes out in the middle of the winter and you have to move under duress because nobody will fix it for you.

      Good luck, and I hope it works out for you. Please do follow up with one of the free attorney options I mentioned at the top of this comment to find out what your specific local laws are. They may be able to fill you in on local support options for renters in foreclosure situations that I don’t know about out here in Chicago.

  30. Karyn says:

    My landlord (private owner) died without a Will.5 Children are feuding about the house. An attorney is involved.i know for a fact that the house has recently been refinanced.so what do I do ? Who do I pay.oh and the landlord was not business oriented at all.no lease agreement kept, nor receipts.KRAZY IN ALABAMA.

    • Kay Cleaves Kay Cleaves says:

      Hi KIA. Sorry to hear you’ve got to deal with this mess. Without a written lease you’re on a month to month agreement, but that agreement doesn’t change after the death of the landlord as long as you continue to hold up your end of the agreement. Continue to pay rent to the same place you’ve been sending it, and find all copies of cancelled rent checks you’ve previously sent so that you’ve got proof that you’ve been involved in an ongoing lease. Start looking for a new place ASAP, but bear in mind that they will have to go through standard courtroom eviction procedures or send you at least 30 days written notice if they want you to leave.

      Bear in mind that I’m not an attorney, nor is my experience specific to Alabama. I would definitely recommend you follow up with talking to an attorney who’s versed in your local landlord-tenant laws.

  31. JEROME CHAPMAN says:

    my landlord passed away about two month ago. Our lease expired about two years ago and the landlord just never redid a least. we have been living in the home for about 4 years without a least. I paid her in cash every month. however I owe her about 2 months rents when she passed… my question is do I owed the new owner which is her brother.

    • Kay Cleaves Kay Cleaves says:

      You owe the rent to her estate. If the brother has given you written notice that he is the executor of the estate or that he is actually the new owner of record, then yes, you owe the rent to the brother and he is now your landlord. The above is written specifically for Chicago renters, which is the extent of my experience. I suggest that you speak with a local attorney who is experienced in landlord tenant matters for your city.

      Going forward I recommend always paying with either check or money order so that you have the paper trail in the form of receipts or cancelled checks. Paying in cash leaves you at the mercy of the landlord’s issuing of receipts for you to have a paper trail as proof of your rent history and it’s not always reliable.

  32. Johnny says:

    My landlord passed away a couple years ago I hv still paid my rent on time and I’m still current now that I hv decide to buy a house.and I hv put up a deposit 20 years ago yes the same place that long now that a sister inherited the home she told me she didn’t half to return my deposit because she didn’t sign anything and she doesn’t even hv a copy 1 of my lease from 30 years ago am I in tiled to get my deposit bk

  33. Johnny says:

    Sorry 20 years ago

  34. Antuan says:

    My mom is living in a probate property. The owner is Dead. The sons was the one leasing it to her. He recently died, but its still in his Mother name which is the original owner. Do she have any right as a tenant or do she have to leave.?

  35. Karen says:

    What if the LL dies one day before the sewer pipe collapses and is in dire need of repairs? I cannot pay it and submit receipts to the estate. It could be a 10,000 job…
    We had a written lease the first year. Since then (5 years since,) we have been month to month requiring 30 days notice. Can we leave early due to the sewage issue? I paid the rent 2/13 (due 2/15). He’s been gone since 2/4 but I only know that because I saw his obit. I was going to send CA lttr to the same address we have always paid rent to and leaving ASAP. is that a reasonable, legal way to handle the matter?

  36. Jordan Stone says:

    I’m on a m-2-m rental agreement in Mt since I moved in June of 2015. Recently found out my basement apt, in my landladies home, is zoned only as a single family. She informed me and asked me not to tell. A month ago she gave me a letter she typed telling me to find a new place to live in 30 days. This was 25 minutes after I lost my job. My landlady passed away 4 days ago. My 30 days ended yesterday and her children came knocking to tell me to get out.
    The notice wasnt a formal notice by any means, I haven’t seen paperwork that her children are now the owners. My landlady and I worked it out verbally she would use my security deposit for this months rent so I haven’t paid anything this month. Do they still need to give me a formal eviction notice? Can they start a new one without finishing the other? Can they evict me for nonpayment? its not even zoned to be rented and my agreement doesn’t mention it as a basement apt it has the house address listed. Doesn’t that mean I’m renting the house? shouldn’t I have a separate address? apt number?, or am I renting the whole thing? i’m very lost and getting no answers.low

  37. Amy says:

    I live in a home that was owned by my mother who had a very small mortgage left on the house. She passed way about a month ago and I would like to take ownership of the house. However, she had no will or executor of the estate. Is there away I can take ownership of the house and remain living there?

  38. Paula says:

    My mother had a reverse mortgage on the house she died back in January year 11 I am power of attorney never payed taxes or morgaged after she died no money have cancer rent rooms can I get in trouble

  39. Susan says:

    Hi Kay, my landlord passed away last he lived downstairs while I rented upstairs. I have been here for 2 years, my 1st year I had a lease. The 2nd year we had a verbal agreement. He had a reverse mortgage on this property, an at the time of his passing he had no will. I do want to move and find another place but can you tell me how much time I have.

  40. Elaine Wright says:

    15 years ago I moved into a rent to own home. Recently my landlord passed away. His spouse stated nothing would change. She had to legally change names on the property deed. Once completed the property would than be signed over to me and my husband and we would finally own the home. Few months pass and now all of a sudden we are served with eviction paperwork? We are trying to fight it because we are wrongfully being thrown out because the spouse wants to sell home for $110,000 but rightfully we have paid that much already with monthly installments. Also all of the fuxtures in the home are ours. Kitchen cabinets, bathroom sinks + vanity etc were purchased with our own money since this was a rent to own and this was supposed to ours one day. I need help filling a Motion. We are being evicted unfairly when the whole time we have lived here they never fixed anything except the roof that leaked for 6 years. Please help!

  41. Randy says:

    Hello my landlord is in ICU dying and will die my landlord and I were close friends also. He was very kind to me and basically let me live rent free for about two years. I would do many odd jobs for him and he would knock money off rent and things like that he never questioned me about back rent or money owed and really showed no concern to the present day I think he just like having me around but now his family has apparently taken over and I’ve talked with them about some of my belongings being in his house that I would like back because I noticed them taking them. When I asked for my things back they refused and then grilled me about there interpretation of his records on my five years renting with him and how two years was not paid so they said attorney has control and once they go thru his records they will determine what I still owe because they want it and if it’s decided that my stuff is my stuff and I don’t owe it to them maybe I can get I back but this dosnt seem right he’s not even dead yet and he would never have treated me like this ever ! So I was wondering if there’s anything I can do because I had a flat screen TV there two vintage guitars I loaned him a leaf blower lawnmower all my stuff and they won’t give it back unless I have receipts but I don’t have receipts for the stuff it’s older stuff anyway please help me.

  42. Rashonda says:

    My grandmother passed away 3 weeks ago. My fiance’, his two children and myself moved in her house almost a year ago. We’ve paid the taxes on the house which were $200 a month which was a verbal agreement between myself and my mother. She let us move in because my fiance had a brain aneurysm and strokes. So I was very thankful. But in the will my grandmother willed the house to my mother and my cousins because my moms sister had passed. Now they want us out. They are cutting the electric off and water off in a week and I’m stressed on whether we will be out on the street or what our rights are with my fiance being disability now. We are in north Carolina. Does any one have any knowledge or information for me. We have no money for an attorney. Thank you in advance

  43. Mignonne says:

    What if I’m named in the living trust as 1/3 owner can I be forced to move prior to the selling of the property?

  44. Joe says:

    I live with my landlord he was also my friend for a year-and-a-half utilities are on in my name he passed away 24 hours later LAPD said I had 24 hours to move out I also placed a vacant sign on a occupied house is this legal also they said anybody there would be getting a ticket and be getting arrested for trespassing and they keep driving by checking or something

  45. Joe says:

    In continuance there is no will nothing he has one sister $1 far as I know both of them are not going to do anything about the house he is behind in his property taxes although and a couple 3 property liens against the house

  46. Mark says:

    So my landlord has outstanding debts with con Edison and a reverse mortgage on the house, in total, about 40,000 dollars. She’s over 60 years old and she does hard drugs. She has no next of kin and no family beyond her. She has a dog and a cat she entrusted to me. I have a letter hand written and signed, I was planning on getting it notarized. Stating that if she where to pass away or become incapacitated to where she can’t respond or speak then the house is mine… I take care of her and her animals. I pay rent and take care of the house. What do I have to do to make sure the house IS mine and that I won’t get left with more bills then I can handle? And honestly, I’d want to sell it, so, is there any legality behind that as well.

  47. Kayla Wiese says:

    I live in Cali so I don’t know if this is even the case. I lived with my friend who died on 3-6-16. He owned the house I lived rent free no lease agreement. family is going through probate. Can the family evict me? If so how long do I have once I am served?

  48. phelisa says:

    My family has been living in a house for 30 years they paid rent the owner has died .there is no will .who is entitled to the house the owner has no children

  49. Casey says:

    Hello, I’m trying to find out what is going on? My family and I moved in November 2015 into this apartment on top of a store front, the landlord owns the whole building. By the landlord being 93 yrs old her daughter and son inlaw were handling things, all payments where made in the landlords name. On August 31, 2016 we found out that the landlord died. On sept 1, 2016 we got a letter from the daughter and son in law to make all rent checks to the sister (landlords other daughter). Today the son inlaw called us to ask if we will be home Wednesday to let a man in from GE to appraise the apartment. I want to know are they selling the property? I am a nervous wreck because we just moved here and fell in love with the place. Just need answers to what is happening. Thank you!

  50. Michele Dormevil says:

    My landlord die a week ago, just found out their’s no Certificate of Occupancy ,I reside in Bethlehem , Pennsylvania. Some new person stating he’s new owner but he is not on the deed. Not quite sure what to do?

  51. Juan villasenor says:

    My landlord died she didn’t leave a will we have lived here for 15 years and maintained the property now the house is in probate also we took care of her I want to know if we have rights to buy the property we live in California 3 years ago I became permeate disabled I want to purchase the property do I have any right

  52. Curtis says:

    My mother recently passed away. My 2 brothers and one sister inherited the family farm via an irrevocable trust. She also signed a lease with my brother for him to farm the land the lease runs through 2024.The other members of the trust would like to break the lease. We will let my brother continue to far the land, we want the terms altered. We discoverd after my mother’s death that my farming brother had borrowed a great deal of money from her. Is there a way for the lease to be broken?

  53. Ash says:

    My landlord and his wife are hospitalized from a bad accident not sure on there returnings will be and no else is aloud to except money but them so do i just save the money back and give it to them whenever they return from the hospital?

  54. Samuel Combs says:

    I rent a building for my small business. The Landlord recently died and there was no written lease agreement. My family has been here for 38 years. There are 2 children and no will. I have been paying the rent to one sibling and the other has came to me and says they want half of the rent. The first sibling is not in agreement with this. Which one should I be paying the rent to or should I split it between them?

  55. Lisa Thompson says:

    I’ve lived and cared for my landlord who wasn’t on contact with her family for over 20yrs. I was once on the will to receive everything until her “famiky” came back into her life and now she has her niece getting everything. She says she is going to an attorney to see if there is some kind of a paper she can draw up protecting me from being thrown out when she passes. Is there such a paper and is there anything I should know to protect myself. Thank u

  56. Autumn Nicolai says:

    My mother inlaw got a mortgage for a house for My family. We will be paying the mortgage, taxes, and fees each month. She did this because my husband does not have good credit due to student loans. We are wondering what will happen if she passes away.

  57. Hattie says:

    My landlord passed two weeks ago. I have been in my home for two years. We never signed another lease so I guess Im month to month. Her daughter is asking me to write my checks out in her name now. She says she’s leaving everything in her moms name. Nothing is going to change. Is this ok to do

  58. kim says:

    My landlord passed away and his kids want to sell the house I’m in also I’m on section 8 can they make me leave or do my lease protect me? What should I do ? what are my rights I have in North Carolina?

  59. Ron says:

    Hi, my neighbor has not been paying his mortgage for over three years and has been renting out bedrooms in his home.The property has been foreclosed on but the bank has never kicked him out. The home is in a family neighborhood and not zoned for rental. Therefore the rentals have not been legal, Or “on the books”. The neighbor just died. The neighbor just recently passed away. The renters are still staying. I am assuming they are now not paying any rent. What do you suggest we do to have the renters/squatters removed?

  60. Jamie says:

    I have been fixing a property that I was promised to be able to live in because landlord has no use for it. He lives in another state with his wife. About 6 months ago the passed away and I just found out. They have no next of kin that is why he wanted my family and I to live and fix the home for ourselves. I have no paperwork on our arrangement so what can I do. I don’t want to lose the home so I need some help to know if I can continue to stay in premises.

  61. Sara Vander Fliet says:

    You did not state what happens when you have lived in your apartment for over 40 years with no lease and the landlady who is now deceased did not record/or document the security deposit you gave them 40 years prior.

  62. Carla farmen says:

    I have lived in the same unit for 5 years. My landlord and I had no lease for the past 4 years. Her son became the executor of the estate and is now telling me that my original last months rent and security deposit check is not verification of anything. He shared he needs me to provide the original lease agreement to him because he does not have it as his mom was terrible at keeping records. I do not have my original lease agreement but do have my check from when I moved in. My move out date is in 4 weeks and the executor is telling me I must repay last months rent and return the estate in original order because the estate has no money to replace items such as paint and carpet prior to the new resident moving in. What are my rights?

  63. Jenny says:

    Hi, I live in cook county and I have been renting for a little over a year. My old lease expired in may 2017. I went thru a renting manager and he was just the man who maintained the property or fixed things. We placed our rent in a mailbox and he would deliver it to the owner, I noticed a couple of things in march, garbage wasn’t being picked up and signs on the door or the water being shut off (never got shut off) but garbage still hasn’t been picked up. Anyway, I’m very good with money and have never been a day late on my rent. With that being said I had received my taxes in march and I usually don’t touch it til summer time. I went to the bank to purchase a vehicle and when I pulled out money I realized my checks for my rent weren’t cashed for march April may. So I purposely didn’t place June’s in the mailbox. So on June 2 I finally get a call from the manager who btw I had tried contacting about the garbage but wasn’t able to communicate with him. So he tells me he has my checks but needs me to place them in a money order and that the owner is sick in a nursing home. I just don’t trust it. During those months two Tenents moved out and he moved in downstairs. Idk what to do bc I know if I move out I won’t be getting my security deposit back (month and half). I’m stressing bc I’ve always been a great tenant every where I’ve lived and I just don’t know if I should see if he can just keep that deposit for this months rent. I still haven’t gave him the money order. Any thoughts?

    • Jenny says:

      Sorry I forgot to add that now he text me today stating that the owner died and that he needs the money order to give to the estate.??