Q: I would like to know about getting some type of refund back on the rent paid for a relative who died during the month. I have heard that no landlord will refund any rent money under these circumstances because there is no advance notice. However, when the tenant is gone from the apartment, the apartment has been cleaned out, and then gets rented before the end of the month, all while the rent was paid for that month, I would think some amount of rent would be returnable since the tenant wasn't living in his apartment for the entire month.
A: Minnesota law states that when a tenant dies, the lease may be terminated on one month's notice if it is a month-to-month lease, or two months' notice if the lease is for a longer period. In your case, it sounds like your relative was on a month-to-month lease and the person passed away during the month in which their rent was already paid. When a tenant dies, a relative or the tenant's estate must give a two-month notice to terminate the lease, no matter how long the lease runs, and pay two months' rent unless the lease was only month-to-month, as in your situation. Then, you or the estate typically need to give only a one-month notice to terminate your relative's lease.
Giving a one-month or two-month notice, depending on whether the lease is month-to-month or longer, allows protection for both the landlord and the deceased tenant's relatives or estate, since the landlord will still collect some rent, and the tenant's relatives also will be able to terminate the lease early. The landlord in your situation isn't collecting extra rent on your deceased relative's apartment because it typically takes more than two months to clean, paint, make repairs, advertise and get a unit rented again. In your case, it sounds like the landlord acted quickly and has the place rented for the following month. However, the landlord cannot double-collect, which means keeping your relative's rent money and accepting additional rent from the new tenant for the same month.
Many landlords are sympathetic to your situation so it doesn't hurt to ask for some rent money back. However, keep in mind that the landlord is running a business, and it doesn't appear that the landlord in this situation took in any extra income. There is no law requiring the landlord to return any amount of rent unless he or she is double-collecting for the month.
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, 650 3rd Av. S., Minneapolis, MN 55488. Information provided by readers is not confidential.