State Laws

• Each state has its own laws governing landlord-tenant issues, and they can differ widely between states.
  
  

Lease Termination

• In most states, a tenant's death does not terminate the lease, and the landlord has the right to collect the remaining rent due on the lease from the tenant's estate.
  
  

Reclaiming the Dwelling

• A landlord cannot reclaim a dwelling until the tenant's lease has lapsed or is terminated.
  
  

Tenant Possessions

• The tenant's possessions now belong to his estate. If the executor of the estate does not claim the property directly, the landlord is responsible for the property's removal and safekeeping. If the estate does not claim the property after a certain length of time, the landlord may have the right to sell the property and deduct any costs from the proceeds.
  
  

Warnings

• A landlord should never handle a tenant's property, or try and rent out the space until the tenant's tenancy has been terminated. To do so could result in serious legal problems for the landlord.