Legal Question in Landlord & Tenant Law in Utah

Rental lease and death

If I co-sign on a lease for my mother due to her bad credit. What happens if she dies before the lease ends? Am I liable to pay the remainder of the lease?


Asked on 5/11/07, 3:09 pm

3 Answers from Attorneys

Regina Mullen Legal Data Services, PLC

Re: Rental lease and death

Follow-up:

The reason for my opinion that you are still liable is that, you signed the document to be responsible.

Under the circumstances, however, it would make sense for the landlord to try to rent the apartment as soon as possible to minimize the amount for which you would otherwise be responsible.

Unless the leases specifically exempts BOTH parties from payment upon the death of ONE party, then the remaining party is liable.

In other words, it is as if you were roommates,--each of you is responsible for the agreement to pay, regardless of whether one person moves out or simply leaves. Since your mother could not have gotten the apartment on her own, presumably you are really the renter anyway.

Whether attorneys conflict on this free message board or not, you are not being given legal advice, just guidance to help you make a decision. It is up to you to hire local counsel and figure out what your best course of action is going to be.

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Answered on 5/12/07, 8:29 pm
David Anderson Anderson Business Law LLC

Re: Rental lease and death

Death terminates lease

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Answered on 5/11/07, 5:59 pm
Regina Mullen Legal Data Services, PLC

Re: Rental lease and death

Yes.

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Answered on 5/12/07, 3:34 pm


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