Legal Question in Real Estate Law in New Jersey

Re: Tenants Death

Your question is more complex than it sounds. First, the lease is not affected by the death, but the right to occupy the premises might be. A lease is usually given with the expectation that the tenent will occupy the premises. If the death leaves only teenagers there (for example), the landlord might object.

Second, the death does not relieve the estate from paying the rent. The estate becomes the tenant but the obligations do not change on either side of the rent contract.

To fully understand the rights involved, look for a sublet clause in the lease. Also look for a death provistion in any renter's insurance she may have had.

Better still, if it's a real problem for anyone, check with a lawyer in your area.

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