Skip to main content

Dealing with a Legal Challenge? Don't wait. Ask your legal question for free. Urgent legal matters require immediate attention!

Rewriting a current lease under kids name after original tenants have passed away

This legal question related to Attorneys & law firms in Delaware has been answered.

Advertisements
Location: Delaware  |  Law type: Attorneys & law firms
Solved

Hi my name is Shreekant Gandhi. We own a property containing a small mom and pop store which we have leased out to tenants. Our original tenants have passed away. This business is run by their kids and want to continue to until current lease expires at end of 2024. Do I need to rewrite original lease or can I transfer over to kids name to carry on original lease. Please advise me

Commonly posted questions...

Legal Solution

The response provided below is specific to Attorneys & law firms in the jurisdiction of Delaware. If the response is inadequate, please submit a detailed inquiry.

Addressing Lease Transfers After Tenant's Demise: A Delaware Perspective

As a property owner in Delaware, you're grappling with a delicate yet common legal issue: what to do with a lease agreement when the original tenant has passed away. While you have shown understanding by wanting to support the children of the deceased in continuing the business, it's essential to address the legal aspect properly to avoid future disputes or issues.

Relevant Delaware Statutes

Solutions to Your Lease Transfer Query

  1. Lease Assignment: One option is to facilitate an assignment of the lease. This allows the children to step into the shoes of their deceased parents as tenants under the existing lease. This means all terms and conditions remain unchanged, except that the parties (tenants) are now the children.

  2. New Lease Agreement: If there are concerns about the existing lease terms or if the children desire modifications, it may be more beneficial to draft a new lease altogether. This would provide an opportunity to set new terms and conditions that might be more fitting for the current situation.

  3. Amendment to Existing Lease: You could amend the original lease to add the children as the current tenants while keeping all other lease terms intact. This amendment would specify that the children assume all rights and responsibilities under the existing lease.

You can find the right lawyer to guide you through these processes and ensure that all legal steps are correctly followed.

Legal Service Pricing in Delaware

Service Average Price
Lease Assignment $850
Drafting New Lease Agreement $1,200
Amendment to Existing Lease $750
Consultation fees $150/hr

Note: Prices vary based on the complexity of the issue and the attorney's expertise. Some attorneys might offer flat fee services while others might charge by the hour.

Need Further Details?

Before we dive deeper, it would be helpful to understand more about your existing lease agreement and the terms you're considering for the potential new or amended lease.

Act now: To ensure you get the best guidance, compare lawyers in your area and consult with an expert on lease agreements.

Relevant Questions for Clarity

  1. Lease Details: What are the specific terms of your current lease agreement? Understanding this will help in assessing if an assignment, amendment, or new lease would be the best route.
  2. Tenant's Wishes: Have the children expressed a preference? Knowing their perspective might make the transition smoother.
  3. Future Plans: Are you considering any changes to the property or lease terms in the near future? This could influence the decision on how to proceed.

Frequently Asked Questions: Delaware Lease Agreements

1. What happens to a lease agreement when a tenant dies?

In most cases, the lease remains valid. The tenant's estate becomes responsible for the lease. However, this can vary based on lease terms and state laws.

2. Can I increase the rent if I'm drafting a new lease for the children?

Yes, if you're drafting a new lease, you have the opportunity to reset terms, including rent. However, any increase should be fair, reasonable, and in line with Delaware's rental market.

3. Are there protections for tenants' families in such situations?

Yes, Delaware has specific provisions that protect tenants' rights, including those of their families, especially if they were living in the leased property at the time of the tenant's death.

4. What if the children cannot afford the rent or violate lease terms?

As with any tenant, if they violate the lease terms or fail to pay rent, you can take legal action, including eviction. It's essential to communicate and try to resolve issues amicably before resorting to legal actions.

5. Can I use the security deposit to cover unpaid rent after a tenant's death?

Yes, in Delaware, a landlord can use the security deposit to cover unpaid rent or any damage to the property. However, you must provide an itemized list of deductions and return any remaining amount to the tenant's estate.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

Written, answered, changed

Legal question "Rewriting a current lease under kids name after original tenants have passed away" has been changed 1 year 5 months ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of Delaware & area of law: Attorneys & law firms.
Latest reviews & rating
Can't believe there are no comments (answers) yet? You can be the first author. Let us know what you think and answer this question.. Write a comment

Attorney may refer to lawyer, as a general synonym (u.k; u.s), attorney-at-law or attorney-in-fact. Notice: In most law jurisdictions, the attorney general is the main legal advisor to (in relationship) the government. Lawyers also appear as:  advocate, barrister, counselor or solicitor or, occasionally, as chartered legal executive. Each US state jurisdiction sets its own rules for bar admission, which can lead to different admission standards for lawyers among states. A law firm - as opposed to single lawyers - is a business entity formed by one or more lawyers to engage in the practice of law.

Respond to legal question!

Do you know the answer to a legal question that is related to the field of law called Attorneys & law firms? If you believe that you can advise the inquirer – in even the slightest way – do not hesitate and share your opinion in the comment section. This contribution concerns the location of Delaware and, therefore, it is important to post only comments that are relevant to this location. Do you have a similar or a different legal inquiry? Select the correct category, fill in all the required fields, and submit your post.
accident & property damage attorneys accountants-certified public administrative & governmental law... admiralty & maritime law attorneys adoption law attorneys adoption services attorneys antitrust law attorneys appellate practice attorneys arbitration & mediation attorneys arbitration services asbestos & chemical law attorneys automobile accident attorneys bankruptcy law attorneys bankruptcy services business litigation attorneys child custody attorneys child support collections civil litigation & trial law attorneys collection agencies collection law attorneys commercial law attorneys construction law attorneys consumer law attorneys contract law attorneys copying & duplicating service corporation & partnership law attorneys credit & debt counseling Criminal defense attorney disability services discrimination & civil rights law... divorce assistance divorce attorneys domestic violence attorneys drug charges attorneys dui & dwi attorneys employment discrimination attorneys family law attorneys federal law attorneys financial services franchise law attorneys general practice attorneys government offices immigration law attorneys insurance attorneys international law attorneys labor & employment law attorneys medical law attorneys medical malpractice attorneys paralegals patent (intellectual property) personal injury law attorneys probate (estate planning) probate law attorneys sex offense attorneys sexual harassment attorneys tax attorneys trademark & copyright law traffic law attorneys trusts & estate planning... wrongful death attorneys
Are you having trouble finding a reliable and highly-rated attorney in your area of residence? Does the endless process of browsing and comparing law firms annoy you? If so, simply skip this step and post your request (or a general legal question) in our Free Legal Advice Center. Then wait for a reply from our experienced legal advisors, consultants or even your chosen lawyers. You can inquire about anything concerning your case, as well as questions about judicial issues in your state.

Comments: answer this question

"Rewriting a current lease under kids name after original tenants have passed away"

Attorneys & law firms Delaware

The content of this field is kept private and will not be shown publicly.
I agree with Terms & Privacy Policy
Image CAPTCHA
Enter the characters shown in the image.

© 2016 explorelawyers.com