Legal Question in Real Estate Law in Massachusetts
Broken Lease-He Died
In a nutshell, my Grandfather died three months into a one year lease on a condo.
The owner states that since he "defaulted" on the lease, he forfeits his security deposit.
The owner was notified via certified mail on June 22nd that he had passed away and
That we would vacate the premises by July 1st.
The unit was not re-rented until July 10th, so we paid the 10 days it was vacant. The
Owner did not return the "last" months rent until August 18th. She claims she lives on
A remote island off the coast of Maine and couldn't get to the post office.
Does this fall under the "30 day return" policy or not?
1 Answer from Attorneys
Re: Broken Lease-He Died
It's outside the 30-days, right?
But it's not going to look to a judge like any
egregious failure to abide by the law. What upsets you about it?
Landlord has already given back all the money, right?
By the way, security deposits have to be returned, last month's rents never are returned, and anytime you would owe 10 days rent you would actually owe the entire month's rent because there's supposed to be a minimum 30 days of notice before ending a tenancy. (Ending it by death could fall under a special category, I imagine, but there's no provision for that in the law!)
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