residential-lease florida probate death
Does Death terminate a lease in Florida?
<p>If I sign a lease for 12 months and die in month 7 from an unexpected car crash, is my estate responsible for closing out my residential lease in the manner defined by the contract (advance notice of 3 months)?  Assume I am single.</p>

<p>No. Death does not terminate a lease (unless the lease expressly provides otherwise), so your estate would be responsible for closing it out.</p>

<p>A lease becomes the property of and an obligation of a decedent's probate estate upon death. </p>

<p>If there is money owed under the lease, ordinarily a landlord would have to make a claim in the probate estate, rather than bringing a lawsuit for money damages, and that claim would be paid to the extent that there are funds available in the probate estate once the deadline for making all claims had passed.</p>

<p>On the other hand, the property rights associated with the lease may be used as an asset of the estate for the duration of the lease, or until it is terminated in a manner authorized by non-probate law.</p>

<p>Eviction rights under a lease when someone has died are governed by Fl. Stat. 83.59(3)(d) which provide that the landlord make take possession without bringing an eviction action when all tenants are deceased and there is a default under the lease, 60 days have passed, and the landlord has received no notice of the appointment of an executor. This says:</p>

<blockquote>
  <p>(d) When the last remaining tenant of a dwelling unit is deceased,
  personal property remains on the premises, rent is unpaid, at least 60
  days have elapsed following the date of death, and the landlord has
  not been notified in writing of the existence of a probate estate or
  of the name and address of a personal representative. This paragraph
  does not apply to a dwelling unit used in connection with a federally
  administered or regulated housing program, including programs under s.
  202, s. 221(d)(3) and (4), s. 236, or s. 8 of the National Housing
  Act, as amended.</p>
</blockquote>

<p>If an executor has been appointed, a landlord may evict the estate by bringing an eviction action against the executor who stands in the shoes of the tenant for this purpose. Fl. Stat. 83.59(2) and (3)(a).</p>
