How to Void Lease Agreements Due to Death
- 1). Include a void-on-death clause upon signing the lease agreement. According to Peoples-Law.org, a lease agreement remains valid without the inclusion of a clause that voids the lease due to death. Landlords of residential properties generally provide the same agreement to all tenants. Those tenants should read the lease and ensure that a void-on-death clause exists. Negotiate a contract to include such a clause in the lease if it does not exist.
- 2). Negotiate to void the lease agreement upon death even in the absence of a void-on-death clause. Parties may negotiate a contract amendment upon mutual consent. Some lessors will accommodate such requests to avoid expensive litigation. Consider allowing limited additional time after death for the lessor who will negotiate but needs time to find a replacement tenant.
- 3). Vacate the premises and remove all items to avoid any further rent liability upon the death of the lessee. Lessors generally want to lease the property to another tenant to avoid the hassle of probate or other legal issues required to collect payment after death. According to VirginiaBusinessLitigationLawyer.com, lessors may avoid having to prove a valid lease agreement to collect rent by pleading the doctrine of quantum meruit. Lessors may sue family members or roommates who stay and attempt to avail themselves of free rent. These obligations may arise even if the original lease agreement is void due to death.
- 4). Find a sublessee to take over the lease if the status of the agreement is not certain at the time of death. A sublessee takes over the property and assumes payments. However, make sure that the lessor consents to such a sublessee.