Legal Question in Real Estate Law in Pennsylvania
Rental Lease
My father passed away on Dec.29th ,2005. He lived alone. He has an apartment rental agreement which he signed upon lease renewal on 7/1/2005 which expires on 6/30/06. Are his heirs or family members bound by the term of the lease? Do we have to pay the landlord? We paid him for the month of January 2006 and he still holds a one month security deposite. The landlord claims that his estate is bound to the lease. Thank, You
2 Answers from Attorneys
Re: Rental Lease
The landlord doesn't know what they are talking about, retain an attorney now, before this gets out of hand. You can either pay an attorney now a few hundred dollars to resolve this or pay a few thousand down the road.
Sincerely,
Marc Taiani, Esquire
412.731.0865
AAAL-Allegheny Attorneys At Law
Re: Rental Lease
If the lease states (as leases commonly do) that it applies to the signers and their heirs, assigns, etc. then the estate would be liable. If there is no such language, I would argue the lease fails for impossibility, and because leaving out this common contract term means the intent was to discontinue the lease in the event of death. The family should empty the apartment and otherwise make it rentable and then ask for a refund in writing; if it is not paid, go to your local municipal court and ask them to help you file a complaint.
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