My mother passed away in the state of Ohio. Police had to break in her home as she had passed away in her couch while sleeping. She lived alone. Since she had been dead for 2 days, they removed the body plus the couch for health reasons. Apartment complex office was informed and agreed to return deposit and August rent (it had already been paid for). Now we received a letter indicating that we owe them $900 for the carpet and couch removal. Nobody informed us (son and daughter) of having to pay for couch removal. My uncle was present when they removed the body, why wasn't he informed?
To our understanding, apartment complex don't want to return this money and are looking up for excuses. Please, advise...thanks!
Answer
In Ohio, relations between landlords and tenants are covered by Ohio Revised Code Section 5321, the Landlord Tenant Act of 1974. Ohio Revised Code Section 5321.17 covers the termination of month to month tenancies. If your mother's lease was up and was continuing on on a month to month basis, then she or her estate would need to give the landlord thirty days notice to terminate the tenancy. You can find the exact rules for this at http://www.ohiolandlordtenant.com/faq20.html. The fact that she passed away does not confer any special status upon her or her estate as regards to terminating the tenancy earlier than the 30 days required under the law.
If she was under a lease agreement, then she and her estate will be responsible for paying rent through either the end of the term or the time when the landlord can get someone else to lease the place after making diligent efforts to do so.
Assuming that no rent is owed, the tenant has a duty to return the apartment in the same condition she received it, reasonable wear and tear excepted. The rules for getting back security deposits can be found at http://www.ohiolandlordtenant.com/faq40.html.
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