We have a saying around here at the Tenant Resource Center, "Not even death will get you out of your lease". Sad, but true. At least for now . . .
Usually we use that saying to explain that just cuz you _________________, you can't break your lease without consequences. The blank is usually filled with: got transferred at your job, lost your job, bought a house, don't get along with your roommates, can't afford the unit any longer, etc. etc. etc.
Unfortunately, we talk to both tenants and landlords who have a much more difficult issue to deal with, and that is when someone dies that still has a lease. The landlord feels terrible (well, most do) because they know the family members left behind have alot to deal with, and yet they have to run their business. The family is looking for guidance, and there is very little beyond the breaking the lease issues involved. Usually, the two parties work out something that works for both of them and then agree to void the remainder of the lease.
Unfortunately, in the past couple years, we've had two high profile (one, two) cases where the landlords were less than cooperative, which is unusual. High profile cases such as this usually lead to legislation, not always a good way to legislate, but in this case, if you ask me, it is LONG overdue. Several legislators throughout the years have looked into the issue, but this is the farthest I remember it getting in the last 15 years.
Spencer Black introduced a bill to deal with this issue. It is up for a hearing tomorrow and I hope they are finally able to come up with some reasonable rules to resolve this situation.
Wednesday, January 13, 2010
12:30 PM
300 Northeast
Assembly Bill 543
Relating to: barring landlords from requiring certain payments and from making certain claims against estates.
By Representative Black.
Also, on their agenda, and of local interest:
Assembly Bill 527
Relating to: requirements before a sale or other transfer of a manufactured and mobile home community, providing an exemption from the real estate transfer fee, and providing a penalty.
By Representatives Roys, Jorgensen, Berceau and Pope-Roberts; cosponsored by Senators Erpenbach and Wirch.
my mom recently died. Her landlord was/ is a jerk. We had a clause in the lease about her death that ends the lease...but he is trying to say her wheelchair traffic pattern in the apt means her carpet needs to be REPLACED. He is saying that even though she lived there for 5 years, he should not have to PAINT THE WALLS.
ReplyDeleteThis wonderful man was out of town when my mom died, but came to us the minute he got back to say "...yes she was always calling me to come fix stuff..." (says a lot about how he kept up his property, right??) "...She really was a pain in the ass...."
He thinks she should pay for the DOOR KNOB that needed to be replaced, the FAUCET that leaks, the list goes on and on.....
He went on to say that he is going to have to take us to court b/c he is certain that the REPAIRS to the apt will exceed the deposit...I think he smells money.......Any way we can legislate him????
Lucy MathiakJanuary 12, 2010 at 2:58 PM
Brenda, thanks for posting this. I remember what Brittany Zimmerman's family and fiance went through after she was murdered. Absolutely inhumane. And thanks to Spencer for legislating what should be basic human decency.
ReplyDeleteAnonymous, probably best to call the TRC 257-0006 to help with the specific situation. 9 - 6 Monday - Friday, or email asktrc@tenantresourcecenter.org, or stop by 12020 Williamson St Suite A, or check out the website, but the details of your situation are a little complicated, no quick answer.
ReplyDelete