Co-renter died, heirs want copy of lease?

Co-renter died, heirs want copy of lease?

Real Estate Investor · Denver-metro, CO · Member since 2008 · 58 posts · 15 votes

I have a boyfriend/girlfriend who have been renting from us for 4 years. He unexpectedly died w/o will. He had never mentioned his kids to me, given me their contact info, given them as emergency contacts, etc.
When the surviving renter called to tell me of his passing she told me that she had had to change the locks and call the police to keep his kids out of the home due to conflicts, and have the police there when giving the kids his personal property. They have even said that they are taking 'his' dogs from her, so you can guess at the level of acrimony here.
The teenage daughter called and asked a bunch of questions, including asking for a copy of the lease. His adult daughter also called and asked for a copy of the lease, saying she needs to prove to his creditors (including the IRS) that he did not own any property at the time of his death. She emailed me a copy of the death certificate and a notarized "Collection of Personal Property Affidavit".
I provided her with a letter to her and "to whom it may concern" that states that he rented from us which provided the timeframe, address, and a "please contact me should you require additional information" with my mailing and email address.
She sent an email yesterday saying she wants a copy of the lease to protect her and her sister from his debt and any future requests for the information.

Am I required to send them a copy of the lease? Will it go against the other renter's rights if I do?
Thanks,
Suz

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  • J ScottPro Member
    Moderator
    Investor · Sarasota, FL · Member since 2008 · 17k+ posts · 17k+ votes
    14y

    First, I'm not an attorney and this is not meant to be legal advice...just my opinion based on my very rudimentary understanding of the intestate process (I've been through it but have no specific knowledge outside of my specific situation)...

    With that in mind, I would recommend not giving a copy of the lease to anyone who is not on the lease without speaking to an attorney, if only because there are privacy laws you may be violating by doing so.

    Now, if the person who is asking for the lease has legally been deemed the administrator of the estate, she probably has legal grounds to get a copy of the lease, but you should make sure that's the case before handing it over.

    Basically, you don't want to be a in situation where you are fueling the feud between your renter and the deceased's family, as you probably want to avoid being involved and potentially getting sued...

    Again, I have no idea what I'm talking about from a legal perspective... :)

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