Q My mother lived in an apartment building for 14 years. She died on June 19, and her lease was up on July 1. We packed up, cleaned the apartment, and were out on June 28. I made arrangements with the caretaker for a walk-through on June 29, which is when I turned in my mother's keys.

I believe that my mother was notified in April that her lease was going to expire on July 1, so she told the caretaker she was going to go on a month-to-month lease. Her doctor had told her she had three to six months to live, and we were looking for an assisted living apartment for her. She died before her lease was up.

On July 5, $925 was taken out of her checking account by her apartment's management company for the July rent. I called and was told that the lease stated that even if she died, she would need to give a 60-day notice. I was told this rent amount of $925 also would be taken out in August. I do not have a copy of her lease. I asked for a copy when I called her landlord on July 9, and also e-mailed the management company. So far, I have not received it.

The management company has since painted the apartment and cleaned the carpet, all while we are paying the rent. I feel this is ethically and morally wrong, but is it legal? Since the lease was up and my mother is dead, are we obligated to pay the rent for two months?

A I am sorry for your loss. The estate may or may not be required to pay rent for two additional months, depending on the actions of the management company and your mother, the language of the lease and Minnesota law.

Since you have not yet received a copy of your mother's lease, but management is telling you her lease includes an automatic-renewal clause of two months, this clause renews your mother's lease for two months, unless your mother gave written notice to her landlord that she was moving or changing the terms once her lease expired. It sounds like she gave verbal notice to the caretaker that she would go on a month-to-month lease. However, verbal notices are unenforceable, unless supported by some other written evidence. If you have proof of your mother's notice in writing, then the automatic-renewal provision will not be valid, and the estate would not have to pay the two months' rent.

If you don't have written proof of your mother's notice, the estate still may not be responsible for the two months' rent. In order to enforce a lease-renewal provision of two months or more, Minnesota law requires that the landlord or management company send a written notice to your mother calling her attention to the automatic-renewal provision of the lease. This written notice to your mother must be personally served or sent by certified mail at least 15 days, but not more than 30 days, before a tenant is required to give notice. If there is no record of your mother's landlord sending your mother written notice of the automatic-renewal provision, the two months' rent is not owed.

Your next step is to get a copy of your mother's lease to ensure the automatic-renewal provision existed. If it did, you should look through her documents to see if she gave written notice to quit her lease once it expired. If that paperwork doesn't exist, then you need to find the landlord or management company's notice to your mother pointing out the automatic-renewal terms. It might be in the April document she received stating that her lease was going to expire on July 1. If management gave no notice of the automatic renewal, then your mother's lease ended July 1, and there is no need to pay the two month's rent.

In the end, the estate may be responsible for only one months' rent. A representative of the estate should sit down with the landlord and try to work out a compromise. Remember to get any agreement in writing, so there aren't any issues or misunderstandings later.

Kelly Klein is a Minneapolis attorney. Participation in this column does not create an attorney/client relationship with Klein. Do not rely on advice in this column for legal opinions. Consult an attorney regarding your particular issues. E-mail renting questions to kklein@kleinpa.com, or write to Kelly Klein c/o Star Tribune, 425 Portland Av. S., Minneapolis, MN 55488. Information provided by readers is not confidential.