If You Die What Happens to Your Lease in Washington State

I was shocked by the answer to the question "If I die, what happens to my lease in Washington State"?

I always worried about my mom who was always a renter her whole life but luckily she owned her place when she passed away. It got me thinking. If you die in Washington State and still have a rental lease, who's responsible, and is the lease still enforceable?

I was surprised by the answer.

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According to rentprep.com, here are a few things that'll happen if you die during your rental agreement.

1. Lease Obligations

Estate Responsibility: The deceased tenant’s estate typically becomes responsible for fulfilling the obligations under the lease. This means that the estate may be responsible for paying rent, utilities, and other charges until the lease is terminated or expires.
Early Termination: Some leases have a clause that allows for early termination in the event of the tenant’s death. If this clause is present, the lease may be terminated upon the tenant’s death without further obligation from the estate.

2. Landlord’s Rights

Notice Requirement: The landlord should be notified about the tenant’s death as soon as possible. The estate’s executor or administrator usually handles this. The landlord may require proof of death, such as a death certificate.
Access to the Unit: The landlord may need to access the unit to secure it or prepare it for re-renting. However, they generally cannot immediately enter the unit and must follow state laws regarding notice and entry. The landlord must also coordinate with the executor of the estate.

3. Disposition of the Tenant’s Belongings

Abandoned Property: The landlord must follow specific procedures under Washington law to deal with any personal property left behind. This typically involves giving notice to the estate before disposing of or selling the property.

4. Legal Termination of Lease

Mutual Agreement: The landlord and the tenant’s estate may mutually agree to terminate the lease early.
Statutory Protections: Washington law provides that if a tenant dies, their lease does not automatically terminate. However, the estate may have the right to terminate the lease with proper notice (usually 20 days before the end of a rental period).

5. Security Deposit

Return of Deposit: The security deposit should be returned to the estate after deducting any allowable expenses, like unpaid rent or damages to the property.

6. Court Involvement

Probate: If the tenant's death triggers probate proceedings, the handling of the lease and other contractual obligations may be overseen by the probate court.

The good news is that most landlords would like to rent the unit back out as quickly as possible rather than fight with an estate. It can get complicated at times but if you are ever in doubt, consult an attorney so that you are prepared just in case