Thursday, March 09, 2006

KARE 11 TV - Family struggles to pay rent two months after mother's death

I received a phone call from my sister. Margaret had been her children's Nanny, and my sisters confidant for almost 14 years. I only met her once, but she seemed a kind and generous person. I know the struggles that her family had coming up with the monies to just bury their beloved mother and grandmother. It's not been easy for them. Then this.

Now I suppose that the law was originally intended to protect the landlords who do have leases - giving them uninterrupted income while they advertise and find a new tenant. But I have to ask myself - what happens to those people who live from paycheck to paycheck, barely making it every month. If the leaseholder dies unexpectedly, do you think that they have the monies to pay 2 months rent? I don't believe they would.

So, where would that leave them. Would it be turned over to collections? Would their credit rating be trashed further by a bill that wasn't even their own? All of these are very real possibilities.

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kare11.com :: KARE 11 TV - Family struggles to pay rent two months after mother's death: "
Family struggles to pay rent two months after mother's death

For 78 years Margaret Putman seemingly did it all. That's something her daughter Peggy Jackson knows more than anyone.

"She worked so hard all of her life to take care of us," Jackson says.

Putman was a single mother of five in the late 1950s. Her daughter says she worked two jobs, never complaining, never falling short of just getting by.

Jackson says her mom was always there to help even if she had to go without.
For the last 13 years Margaret lived in a humble Richfield apartment and, her daughter says, she paid her rent on time, every time. She was the perfect tenant in life.

But, all of that changed two months ago.

Margaret died in January and her family is being told by Highland Property Management that her rent is due.

Donna Hanbury, an attorney that writes lease agreements for Highland, says it's not ideal, but, it is the situation.

"My client had to explain to them that the lease doesn't just end the moment your mother dies," Hanbury said, "there is still two months responsible rent and that was a surprise to the family."

A surprise and a burden. They were shocked to learn they were expected to pay $1,570 in rent, for the 60 days after Margaret's death. That may seem absurd to some, but, it's on the books.

Minnesota state law says dying is a termination of a lease and that death does not relieve the tenant's estate from liability either for payment of rent or other sums owed.

The state Attorney General's handbook says the landlord can charge no more or less than two months rent in full from the deceased's estate, which in this case is Margaret's children.

"We went in there and tried to do everything right," Jackson said, "we told them as soon as we could that she passed away and they say we want more and we don't have it."

Because it's law, the lease doesn't have to spell out "the case of death scenario" for a renter.
And so when Margaret Putman, who lived on a fixed income anyway, signed the dotted line she probably didn't have any idea she needed nearly $1,600 in the bank to pay Highland if she died before her lease was up.

"She broke her lease by dying," Jackson says, "that's just ridiculous."
And Highland isn't going to drop the fee just because Margaret Putman was, by everyone's accounts, a great tenant and an even better person.

"I'll tell you the advice I give my clients," Hanbury says, "don't make exceptions, follow the law, and follow your contract."

And that means, in the case of Margaret Putman, two months rent is due six weeks after she died.


Click here to read a tenant's rights brochure.


By Jana Shortal, KARE 11 News



(Copyright 2006 by KARE. All Rights Reserved.)

Last Updated: 3/9/2006 11:36:34 AM

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