[WSBAPT] Tenants' rights when landlord dies

[Thomas White]

Good catch!  Under the nemo dat principle, that would be true under common law and I’m not aware of anything changing it in Washington. (But haven’t personally run across it.)

--
Thomas H. White
King County Business Law
(206)-552-8650

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From: Josh Grant<mailto:jgrant at accima.com>
Sent: Monday, September 12, 2016 4:11 PM
To: WSBA Probate & Trust Listserv<mailto:wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Tenants' rights when landlord dies

With one rare exception, if the landlord only held a life estate.

From: Tom White<mailto:thomas.henry.white at gmail.com>
Sent: Thursday, September 08, 2016 12:22 PM
To: WSBA Probate & Trust Listserv<mailto:wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Tenants' rights when landlord dies

I believe the death of a landlord does not terminate the leasehold interest unless the lease specifically provides otherwise.  Assuming there are no grounds for eviction, the executor can let the tenant finish out the lease, can sell the house subject to the lease, or can pay the tenant enough that they are willing to relocate.

Regards,

Tom White

On Thu, Sep 8, 2016 at 10:57 AM, Gerald Sprute <sprutelaw at msn.com<mailto:sprutelaw at msn.com>> wrote:

I see the statutes that address the death of a sole occupancy tenant and timeline for vacating the premises, but is there any statute / caselaw that addresses when a Landlord is deceased and the executor for landlord’s estate wants to terminate the lease and sell the residence?  If the rental period is not month to month, can the executor force the tenant to vacate the property, or are they bound by the terms of the lease agreement that the landlord signed?

Jerry Sprute
Law Office of Gerald A. Sprute
P.O. Box 1657
Duvall, WA 98019
Tel: (425) 892-4079<tel:%28425%29%20892-4079>
Fax: (425) 844-9151<tel:%28425%29%20844-9151>










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--

Tom White
Attorney-At-Law
Seattle, Washington

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