Death of tenants, breaking away from HOAs
Answers to real estate questions as appearing
in the Houston Chronicle
By george stephens, CRB, AND Charles J. "Chuck" Jacobus, JD
Dear George: My father renewed a two-year lease on his apartment just before he died. The landlord expects to be paid until a new renter is found. Isn't the lease terminated when a tenant dies?
Answer: It depends on the language in the lease. Many leases contain language that will not absolve the parties of their obligations upon death. Consult with an attorney regarding your father's lease.
Dear George: More than 90% of the residents in our subdivision have signed a petition to leave our homeowners association. An adjoining subdivision has offered to add us to their HOA. How can we switch from one HOA to another?
Answer: Extracting yourself from a homeowners associations is not easy. You must first dissolve the HOA, which requires help from an experienced attorney.
E-mail your question to "Ask George & Chuck" or fax it to 281/596-7591. The answers to questions in this column do not contain legal advice. If you wish to obtain legal advice, you should consult your own attorney.
George Stephens, CRB, is the broker of ERA Stephens Properties. He is licensed as a mortgage broker in Texas and a real estate broker in Texas, Georgia, and Massachusetts.
Charles J. Jacobus, JD, is board certified by the Texas Board of Legal Specialization in Residential and Commercial Real Estate Law, and the author of Texas Real Estate Law and Texas Real Estate, both published by Thomson Publishing. He also teaches at Champions School of Real Estate and Houston Community College, and is an adjunct professor at the University of Houston Law Center.
George and Chuck are co-authors of Texas
Real Estate Brokerage and Law of Agency published by Thomson Publishing.
