What Will Happen to Me and My Property if My Landlord Dies?
Full Question:
Answer:
If you are a tenant, it is possible that you may be required to move out and remove your belongings if you didn't have a written lease. If you have a lease, it may have terms that say it's binding on heirs and assigns, in which case, the new owner would have to negotiate withyou to get you to end the lease early. The lease may also state that it terminates on the death of the landlord. We suggest you read the terms of the lease carefully to determine your rights and obligations regarding early termination of the lase, as well asthose of the landlord. If there is no written lease, you must be given written notice 30 days in advance before you must vacate.
The following are excerpts from the Arkansas statutes regarding termination of a periodic tenancy.
Section 18-17-704. Periodic tenancy — Holdover remedies.
(a) The landlord or the tenant may terminate a week-to-week tenancy by
a written notice given to the other at least seven (7) days before the
termination date specified in the notice.
(b) The landlord or the tenant may terminate a month-to-month tenancy
by a written notice given to the other at least thirty (30) days before
the termination date specified in the notice.
(c)(1) If the tenant remains in possession without the landlord's
consent after expiration of the term of the rental agreement or its
termination, the landlord may bring an action for possession.
(2) If the holdover is not in good faith, the landlord may recover
reasonable attorney's fees.
(3) If the tenant's holdover is a willful violation of the provisions
of this chapter or the rental agreement, the landlord may also recover an
amount not more than three (3) months periodic rent or twice the actual
damages sustained by him or her, whichever is greater and reasonable
attorney's fees.
(4) If the landlord consents to the tenant's continued occupancy, §
18-17-401(c) applies.