Legal Question in Real Estate Law in New Jersey

Re: damage to rental property

Probably not; but you could pursue an action against her estate. And certainly you have a claim against the security deposit. Remember, you still need to follow the requirements of the security deposit laws in order to avoid an action by the Estate against you to get the money back.

Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, you may want to contact a real estate attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. If you call me, mention Law Guru and your first one hour consultation will be free. Good luck! Rob Gleaner

Re: damage to rental property

You could claim directly against the children if they were co-tenants on the lease or if they guaranteed payment. Otherwise, your only claim is against the estate. I recommend that you make that claim even if you are told verbally that there is insufficient money to pay you. It is not uncommon that there are funds such as insurance proceeds that become available later and whoever administers the estate is under a legal obligation to pay the just bills.

Don't forget about the claim for unpaid rent for the remainder of the term. Dying is no excuse for not paying rent. I am guessing that you may also have a problem with property left in the premises. It is very important that you give the statutory notice before you make any disposition of this property. If you don't do that, you may become liable to the estate for the value of whatever was sold or discarded.

If I can be of further help to you, call or email.

See also: http://info.corbettlaw.net/lawguru.htm