In Florida, when a tenant dies, the handling of unpaid rent and lease obligations can be complex. The following are a few key considerations:

1. Estate Liability

• The deceased tenant’s estate may be responsible for unpaid rent under the lease agreement. However, the estate’s obligations are subject to the probate process, where debts and obligations are settled based on the estate’s assets and the priority of claims.
• The landlord can file a claim in probate court to recover unpaid rent, but whether the estate can pay depends on its size and other outstanding debts.

2. Joint and Several Liability with Co-Tenants

• If the deceased tenant shared the lease with a roommate or co-tenant, Florida law typically considers them “jointly and severally liable.” This means the surviving tenant remains responsible for the full rent amount, even if the deceased tenant shared rent costs.
• The landlord can continue to seek rent payments from the surviving tenant, regardless of any informal agreements between the tenants.

3. Roommate or Co-Tenant Agreements

• If the deceased tenant and their roommate had a written agreement covering rent obligations, including situations like death, this agreement can guide the distribution of rent responsibility.
• In such cases, the surviving tenant may file a claim against the deceased tenant’s estate, though the success of the claim again depends on the estate’s assets and priority of other debts.

4. Lease Continuation and Early Termination

• Some leases include clauses regarding tenant death, allowing for early lease termination or outlining specific procedures. Without such a clause, the lease may remain in effect until the lease term ends or the estate reaches an agreement with the landlord.
• Landlords may negotiate with the estate or surviving tenant, potentially allowing early termination to fill the vacancy sooner.

5. Seeking Legal Advice

• Each situation can be unique, so consulting with a probate attorney and/or a landlord-tenant attorney can clarify obligations and provide guidance on pursuing claims or negotiating terms with landlords.

In summary, the deceased tenant’s estate may be responsible for unpaid rent, and surviving tenants may still owe full rent if jointly liable under the lease. However, the enforceability of these obligations depends on probate procedures, lease terms, and any agreements in place between the tenants.

The foregoing is a brief and very general overview of the topic and the need for specific and experienced legal advice is emphasized.

If you have any additional questions regarding the foregoing or have any legal issue or concern, please contact the law firm of CASERTA & SPIRITI in Miami Lakes, Florida.

Creating a Last Will & Testament can make a significant difference in safeguarding your family, business, and legacy. The following are five key reasons to consider writing your Last Will:

1. Appoint a Guardian for Your Children

If you have young children, naming a guardian in your Last Will allows you to decide who would care for them should something happen to you. Without a Last Will, the state steps in to make these decisions, which may result in guardianship arrangements you would not have chosen. In addition, a Declaration Naming Preneed Guardian for Minors can be prepared.

2. Protect Your Business

If you own a business, your Last Will can outline how it should be managed after your passing. A Last Will and Testament can help ensure a smooth transition for the business, detailing how ownership or operational duties will be passed on. Many family businesses rely on tools like Living Trusts to provide continuity for the next generation. In the alternative or in addition thereto, one can consider appropriate provisions in a Shareholder’s Agreement and/or Operating Agreement.

3. Decide Who Gets Your Home and Possessions

Writing a Last Will lets you specify how you would like your assets distributed, including your home, heirlooms, or savings. Without one, your estate is distributed based on state law, which may not align with your wishes. This is especially important for those with blended families, as state laws may not adequately protect children from prior relationships without specific provisions in a Last Will. A Florida resident can consider doing a Lady Bird Deed with regard to real estate as well.

4. Provide for a Favorite Charity

Your Last Will can include gifts to charities, allowing you to support causes you care about even after you are gone. It is wise to collaborate with an attorney and an accountant when making donations to avoid scenarios where other assets may need to be sold to fulfill these charitable wishes.

5. Make a Difficult Time Less Difficult

A well-prepared Last Will & Testament can ease the administrative burden on loved ones during a time of grief. It reduces the chances of disputes and the need for court intervention, helping ensure your family can focus on healing instead of dealing with complex legal matters.

Starting your estate planning now can give you peace of mind and help ensure that your wishes are clearly documented for the future. Reach out to Caserta & Spiriti for support and affordable legal advice on creating or updating your Last Will & Testament.

The foregoing is a brief and very general overview of the topic and the need for specific and experienced legal and tax advice is emphasized.

If you have any additional questions regarding the foregoing or have any legal issue or concern, please contact the law firm of CASERTA & SPIRITI in Miami Lakes, Florida.