What happens if your tenant passes away during a residential lease agreement?
Vacating a Lease After Tenant’s Death §92.0162 of the Texas Property Code became effective on January 1, 2020. It allows a representative of the estate of a deceased tenant to terminate a residential lease early, but only if the tenant was the sole occupant of the dwelling.
It also benefits the estate by halting liability for future rent. The benefit can only be granted if a representative of the deceased tenant (1) gives the landlord timely notice of death and identification of the tenant’s Personal Representative; (2) Removing the tenant’s property before the next rent payment is due, and (3) if required by the landlord, providing an inventory of the removed property.
The lease is terminated on the later of (1) the 30th day following the notice to the landlord or (2) the date on which the above conditions are met.
The estate is still liable for delinquent rent up to the effective date of termination and damages to the premises. This new code section only applies to leases entered into on or after it’s effective date.
