Legal Question in Landlord & Tenant Law in Washington
Lease with passed away landlords
A few months ago my landlords passed away. The property I was renting went to the husband's parents. I had a lease with the wife. I still send my rent checks to the estate of the husband. I have am half way through my lease but found a property to buy. I am fine with losing my deposit and breaking the lease if I am able to buy this other place. My question is, with the landlord I have the lease with dead, am I still held by that lease agreement?
1 Answer from Attorneys
Re: Lease with passed away landlords
You seem to say that both the husband and wife died about the same time, and I assume that the property passed to the husband's estate; if the property passed to the husband's estate, then so did the rents. You may assume that the lease obligation is being held by the husband's estate and so you continue to be held by the lease agreement.
One thing to add: you may 'play' with the system by breaking the lease and refusing to pay the remainder of the lease. Why? should you be sued for the lease remainder by the husband's estate, you can put forth many defenses to the lawsuit (breach of warranty of habitability for example). Why? because none of your landlords have first hand knowledge of the conditions of your demised property! They are dead!! In court, it is your word against no one's!
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