We have written at length about the various estate administration tasks that arise when an individual passes away. One major task for the estate administrator (either personal representative or trustee) or family members is cleaning out the decedent’s home.
When the decedent owned his or her home, the estate administrator has time to get the home in order to either sell or transfer the home. However, if the decedent was a renter of his or her home, there is guidance under Minnesota Statutes for how long the estate administrator has before the decedent’s premises must be vacated.
Under Minn. Stat. §504B.265 Subd. 2, upon the death of a tenant, “Either the landlord or the personal representative of the tenant’s estate may terminate the lease upon at least two months’ written notice, to be effective on the last day of a calendar month…” Upon the termination of the lease, the decedent’s estate is not released from any unpaid rent or any other money owed to the landlord. Additionally, the decedent’s estate is still responsible for restoring the premises to the original condition of the apartment or home.
This notice period can neither be waived nor extended by the landlord and tenant or the tenant’s estate administrator. So, estate administrators take note – be sure to provide proper notice to landlords but also be weary of landlords trying to push you out too early!
