Orlando Sentinel, August 24, 2009Question:
I own a mobile home in Florida and rent it for $435 per month, with a $500 security deposit. My latest tenant passed away before the 1-year lease expired.
Do I remit the security deposit to the tenant’s rental broker, his family, or do I wait for instructions from the probate court? And if I am unable to re-let this unit before the next month’s rent is due, can I deduct one month’s rent from the security deposit?
D.H.
Clermont
I own a mobile home in Florida and rent it for $435 per month, with a $500 security deposit. My latest tenant passed away before the 1-year lease expired.
Do I remit the security deposit to the tenant’s rental broker, his family, or do I wait for instructions from the probate court? And if I am unable to re-let this unit before the next month’s rent is due, can I deduct one month’s rent from the security deposit?
D.H.
Clermont
Answer:
Presuming there are no provisions in your lease that specifically address these issues, you should notify and deal only with the duly appointed personal representative of the tenant’s estate.
Before you make any claim for the deposit, you will need to give the personal representative notice of your intent to make a claim against the deposit in accordance with the applicable landlord-tenant statute. Additionally you will have to file a timely statement of claim in the estate, notifying the personal representative of what you contend you are owed.
There are rather short deadlines for filing a claim in an estate, so you should not delay. A probate attorney can assist you with this process.
Visit our website for more information on this subject.
Frank Pohl founded Pohl & Short, P.A. based upon the belief that a high quality small commercial law firm was needed in the Orlando, Florida area as an alternative to the large commercial law firms. He still believes that client responsiveness and satisfaction has a place in a fast changing legal profession. Frank has been involved in the Central Florida community for more than twenty-five years. He has been a dedicated past board member of many local organizations over the years. Frank graduated magna cum laude with a B.G.S. Degree from the University of Miami in Coral Gables, Florida; attended the University College at the University of London as an undergraduate studying British literature and British history; obtained his Juris Doctorate Degree in 1979; and obtained a Masters of Law and Letters Degree (LL.M.) from New York University School of Law in 1980. Frank is a member of The Florida Bar, the California Bar, and the District of Columbia Court of Appeals. He is also admitted to the U.S. Supreme Court. He has served on the Orange County Bar Association Real Estate Committee and is a member of the The Florida Bar’s Real Property and Corporation and Business Law Section. He has also served on the Florida Bar Grievance Committee.
Presuming there are no provisions in your lease that specifically address these issues, you should notify and deal only with the duly appointed personal representative of the tenant’s estate.
Before you make any claim for the deposit, you will need to give the personal representative notice of your intent to make a claim against the deposit in accordance with the applicable landlord-tenant statute. Additionally you will have to file a timely statement of claim in the estate, notifying the personal representative of what you contend you are owed.
There are rather short deadlines for filing a claim in an estate, so you should not delay. A probate attorney can assist you with this process.
Visit our website for more information on this subject.
Frank Pohl founded Pohl & Short, P.A. based upon the belief that a high quality small commercial law firm was needed in the Orlando, Florida area as an alternative to the large commercial law firms. He still believes that client responsiveness and satisfaction has a place in a fast changing legal profession. Frank has been involved in the Central Florida community for more than twenty-five years. He has been a dedicated past board member of many local organizations over the years. Frank graduated magna cum laude with a B.G.S. Degree from the University of Miami in Coral Gables, Florida; attended the University College at the University of London as an undergraduate studying British literature and British history; obtained his Juris Doctorate Degree in 1979; and obtained a Masters of Law and Letters Degree (LL.M.) from New York University School of Law in 1980. Frank is a member of The Florida Bar, the California Bar, and the District of Columbia Court of Appeals. He is also admitted to the U.S. Supreme Court. He has served on the Orange County Bar Association Real Estate Committee and is a member of the The Florida Bar’s Real Property and Corporation and Business Law Section. He has also served on the Florida Bar Grievance Committee.
1 comment:
My tenant died. No personal possessions are left behind. He died intestate. The family still has two weeks (the full 60 days) to notify me of any Personal Representative; I don't think they plan to have a probate court appoint one. Do I automatically recover possession after the 60 days or do I need to get a court order? What do I do about the security deposit? Do I have to deal with the family or can I wait it out, waiting for some official representative to come along?
Post a Comment