Legal Question in Wills and Trusts in Illinois

lease

landlord passed away what happens to the lease


Asked on 12/25/08, 4:50 am

2 Answers from Attorneys

Motty Stone Law Offices of Motty Stone

Re: lease

There will probably be something in the lease explicitly saying what happens. But generally speaking, there will be a new owner of the building (usually a son or daughter) and that new owner will take over the lease in the previous landlord's place.

You should be careful though. If the new owners wants to sell the building rather than take over as landlord, then the buyer may be allowed to break the lease early. Likewise, depending on the terms of the lease, the heirs may also be able to break the lease early.

Wait a couple of days, try to find out who is handling the landlord's estate (the executor) and talk to that person about what the plans are.

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Answered on 12/25/08, 4:26 pm
Gregory Turza Law Offices of Gregory P Turza

Re: lease

Are you concerned about the rights and obligations of the landlord whose property is now in the decedent's estate or with the rights and obligations of the tenant?

We would first have to look to the lease. Does it bind the heirs and assigns of the party?

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Answered on 12/30/08, 6:15 pm


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