Q My mother recently passed away unexpectedly. We were informed by the apartment managers that they would change the locks and we would not be able to get into her apartment. Is this legal?
Also, are we liable to pay rent now that she is gone? I had wanted to pay through February to give us time to deal with the work that needed to be done.
A Minnesota Statute 504B.265 states that the estate of a tenant with a written lease may terminate that lease on two month's notice.
If your mother had a written lease, then her estate is responsible for two months' rent. If it was a month-to-month lease, then you only need to pay for 30 days after you give the landlord a written 30-day notice.
When you give the landlord a written notice terminating the lease, ask for a copy of the most current lease. That will let you know the extent of the estate's responsibility.
Sometimes, when a parent dies, some of the kids go and raid the house. It is perfectly reasonable for the landlord to take the position that they don't want to get caught in the middle of such a situation.
You can obtain an Affidavit for Collection of Property, which is governed by Minnesota Statute 524.3-1201, and present that to the landlord. Get the form from a lawyer, a legal stationer, or maybe from the self-help center at the courthouse where you live.
Once the landlord receives the completed affidavit, they should let you in. If they refuse, you should speak with a lawyer. You have the right to file a lock-out action on your own in Housing Court, but there may be issues as to whether you have the legal right to represent the estate, and it might be necessary to hire a lawyer.
