Tenant's right to Terminate lease due to death of co-tenant

[Jan Pauley]

I am in the state of Kansas. I have a friend who is co-tenant on a lease with his mother.  She passed away last week, and the landlord is not allowing him to terminate the lease, even though he could not qualify for the lease by himself at the beginning of the lease term. Does anyone know if there is a reg which provides for such a situation in the state of Kansas? Or perhaps an industry standard? I checked the Kansas regs and didn't find this matter addressed.

[Kyle J.]

There really is no "industry standard".  It completely varies state-to-state based on the laws of each state.  

In some states, there are laws that would allow a tenant like your friend to terminate the lease if certain conditions are met.  For example, in Nevada, a tenant who is 60 years or older could terminate a lease within 3 months after the death of a spouse or co-tenant.  

However, most states have no such provision.  In fact, in many states (mine included), even the actual tenant's death wouldn't terminate the lease obligation for the deceased tenant.  It merely transfers the obligation to the deceased tenant's estate, which can then be held responsible through the end of the lease term.  So, in a situation like that, clearly the remaining living tenant would still be responsible for the lease.  

However, if I were the landlord in that scenario (or your friend's scenario), and the remaining tenant could not afford the rent and asked to be let out of the lease, personally I would let them out of the lease.  The last thing I want to do is force someone who can not afford the rent to stay in my property.  No good can come from that.

If you want to be sure about what the laws/rights are for your friend though, it'd be best to consult an attorney in your state.