Am I responsible?

[Deleted User]

So I'm hoping someone can answer my question or has some advice for me. As many of you know, my mother passed away in November (the 30th). She was on section 8 housing (CA). Her former landlord called me today and informed me that HA is claiming that they did not receive notice that she died (I called three times.), and that they informed him that they would not be paying rent for Dec., Jan., or Feb. He is now trying to say I will have to pay the rent for those months? Does anyone know if this is true?

This is bullshiit. I just want to be able to grieve and not be hit up for money anymore! 

FrickandFrack

I'm not sure what HA is but how would you be responsible for her debt?

[Deleted User]

Her estate might be responsible, but I don't see how you personally would be.

[Deleted User]

kfrix13:

I'm not sure what HA is but how would you be responsible for her debt?

Sorry, housing authority, section 8. That's what I said but google is giving me conflicting results...

[Deleted User]

There was no estate. She was on disability and section 8 housing, she left literally $0...I'm just worried he will try to sue me for the last three months rent? It does not help that he is also my landlord and I am in the process of moving out of my house, so I'm worried he will try to find a way to screw me over..

Brewtowngrl

Document all of this.  It would be her estate that has nothing to give so he can sue the estate, but would still get nothing.  Unless you co-signed for her there is nothing he can do.  

Smootchy

I would not assume you are responsible but I am not savvy on law. IF by small chance you are, which I highly highly doubt... It's total BS and I wouldn't pay it, especially if you called like you said you did. I could see providing a death certificate, which sucks because I wish you to grieve without BS, but I could understand needing to prove when she died or something. No I take that back. Why is this your problem if she left no estate?

klondikebar

I found this.

 

Suppose that a tenant who has a tenancy for a specified term (for example, a one-year lease) dies. The tenancy continues until the end of the lease term, despite the tenant's death. Responsibility for the rest of the lease term passes to the tenant's executor or administrator.²⁶⁸

Now suppose instead that the tenant had a month-to-month tenancy. In this case, the tenancy is terminated (ended) by notice of the tenant's death.²⁶⁹ The tenancy ends on the 30th day following the tenant's last payment of rent before the tenant's death. No 30-day or 60-day notice is required to terminate the tenancy.²⁷⁰

https://www.dca.ca.gov/publications/landlordbook/sec-deposit.shtml

It looks as if the estate has to pay if she wasn't on a month-to-month lease.

edit: I didn't see the part about not having an estate.  The landlord may be SOL then. I'd call an attorney.

missyishere

You are not responsible for that debt.  You can provide them with a death certificate if needed.  Talk to an attorney if you need to, but they can't hold you responsible.

[Deleted User]

Yeah, I figured since I'm not on the lease, it was not my responsibility. Everyone else I've contacted (bank, creditors, etc.) just wanted a copy of the death certificate and closed her account or forgave the debt. He is asking who will pay the rent for the past three months since the housing authority won't pay.

[Deleted User]

Brea16:

Good luck Norry!! And this guy sounds like a d!ck...for what it's worth.

Thank you and he is a diiick. 

hopecounts

The estate is likely responsible for the rent, however the Landlord is SOL since the estate has nothing but he can sue the estate he just won't get anything.

you personally should not be responsible for it unless you consigned the lease so just don't agree to anything. 

klondikebar

I also wanted to say that I am sorry you are dealing with this while grieving. ((hugs)))

[Deleted User]

Thank you everyone. I think it is especially difficult because he pretended to be understanding in the beginning (not bothering me or rushing us about emptying the house, etc.) but has done a 180 and is now trying to get money out of us since he realizes that he cannot commit fraud on the housing authority. I contacted him and I contacted them to inform them of her passing. I did my part. I think that he should have also tried to contact them as her landlord to make sure everything was in order. He also threw away the last few things I had in the house that were actually my possessions.

missyishere

MrsNorry:

Thank you everyone. I think it is especially difficult because he pretended to be understanding in the beginning (not bothering me or rushing us about emptying the house, etc.) but has done a 180 and is now trying to get money out of us since he realizes that he cannot commit fraud on the housing authority. I contacted him and I contacted them to inform them of her passing. I did my part. I think that he should have also tried to contact them as her landlord to make sure everything was in order. He also threw away the last few things I had in the house that were actually my possessions.

I'd flip sh!t. Ugh, I'm so sorry.  I do think of you often.  Grief is not easy, and being the person responsible for the whathaveyous after someone passes is stupid hard.  My mom's estate was a nightmare for two years, so I hope this all ends for you very soon, so you can move on and grieve properly.

[Deleted User]

You aren't responsible.  He's a jerk & just trying to get money from somewhere.  He was notified, and incredibly lazy.  Sadly, he has probably had success in getting $$ before from people that don't know any better. 

I agree with getting an attorney.   I am sorry for your loss & then having to deal with this shithead. 

suv75

Sorry for your loss. You are not responsible. You didn't cosign her lease right? He's a douche. Don't waste your money on an attorney, but be prepared that he may try to withhold your security deposit. If so, try and contact a free legal aid clinic to assist in getting your deposit back.

Sounds like he is trying to scare you into paying.

Soxgirl07

You said that he was understanding in the beginning... Does that mean that it was clear that he knew months ago? If so, what is he trying to pull?? Do you have any evidence that he was aware of her death? A voicemail, email, anything? I'd inform him of it if you do.

Real reason I posted was to tell you what happened with my grandfather's estate this summer. He died with debts and left my dad as the executor. He left the house to his 3 children. It wasn't even worth what his debt amounted to and had to be seriously cleaned out, but none of us live remotely close. It was a huge PITA but my dad was able to hire people to take care of it all (he stayed in touch/on top of things, but from out of state.) The lawyer got my dad reimbursed for his expenses and then paid as much of the debt as possible with the remainder of the money. Anything beyond that, anyone who was owed money was SOL. Not sure how it applies to your situation, but my dad didn't become responsible for any debts, in fact, I don't think there was ever any attempt or concern for that. Good luck and I'm sorry you're going through this.

[Deleted User]

The other thing is I think he's lying to me and they have paid him for December at least since she passed the day before the new month started. Honestly wouldn't put it past him to commit fraud.

Disneygeek77

Call me crazy, but I would contact local media  ( like a reporter that specializes in consumer fraud ) about this.  Tell them your story and see if they can help you.  Who knows, it might save another grieving family from being swindled. 

MommyKayla11

I don't get how you would be responsible. 

tumblefluff

If you have a deposit that you think he's going to try & take from you I'd suggest documenting the place you're living in with lots of pictures too.  From the sound of this guy I wouldn't put it past him to fake damage so you can't get your money back.