Legal Question in Wills and Trusts in Minnesota

My mother died on April 8. She rented an apartment in Minnesota. Her rental agreement specified a 60-day notice period. We cleaned out the apartment and returned the keys prior to April 30. The apartment manager was notified of her death on the same day, and was told we would vacate by the end of April. On May 6, the apartment complex charged the joint checking account I had with my mom for the full May rent. Question: Is death an exception to the notice requirement? If it is not an exception, is it legal to charge a bank account which as of the date of death belonged to me only? If the claim is valid, doesn't the claim need to be made to the estate through the creditor's claim process?

Asked on 5/07/13, 7:55 pm

1 Answer from Attorneys

Tricia Dwyer Tricia Dwyer Esq & Assoc PLLC
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Hello. I am sorry for the loss of your mother. This is the statute governing termination of a lease (landlord-tenant/renter law) upon the death of the renter: Minn. Stat. 504B.265. The statute addresses the notice requirements. In the event you have other legal issues, I urge you to seek private attorney counsel at this time. In the event that finances are an issue for you, some attorneys, myself included, will provide reduced fee for need. All the best.

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5/08/13, 6:20 am

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