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Is unpaid rent useless if the tenant is (literally) gone forever? (piefed.social)

submitted 4 days ago by SilentStriker@piefed.social to c/asklemmy@lemmy.ml

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The scenario is: landlord or lady intends to ask the tenant about the rent (because money from their account is not there to be withdrawn from) only finding the tenant's corpse, meaning they are not alive. Whether there is foul play involved or it's self inflicted (suicide): does that circumstance alone just "erase" the tenant's due rent?

It may be shifted onto the roommates (if he has one, but in this case there're none) and even they had company: it's not their problem as the landlord or lady only speaks to the tenant who signed the lease but that's not possible since the tenant passed. Would the landlord or lady just ask for the tenant's last will & testament instead?

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[–] Modern_medicine_isnt@lemmy.world 6 points 4 days ago

In the US (possibly state specific), the estate (all assets of the deceased) are held for a time. There are laws about allowing people the deceased owed money to to make a claim. I think in my state it was that an ad had to be placed in a newspaper or something, and then 30 days.

After that, some government agency or court decides/rules if the claims are valid. If so the estate is liquidated enough to pay those bills. After that, anything that is left is claimable by next of kin. If the debt is higher, anyone who wants something from the estate, like someone who was left a specific item of value, would have to take on the debt to get the item directly. Though they can probably work something out to just buy the item as part of the liquidation.

For rent specifically, it would depend on the rental contract. But anyone who didn't sign it is most probably free to leave without paying. Anyone wanting to stay would have to work it out with the landlord.

All that said and done. If you are considering this as a way out. Don't. Not having to pay the debt will be little consolation to the roomates who undoubtedly would find the body. Further... the world may suck today. But tomorrow aliens may arrive, kill all our greedy leaders and revelutionize our lives into something of comfort and meaning. Or something simpler but worth being arou pnd for could happen. Death is so... final.