Security deposit from deceased tenant.

[ajinaz]

What is the name of your state (only U.S. law)? Arizona

1. Sole signer on lease puts down security deposit in 2004. lists son as occupant on lease. Lease never renews after first year and goes month to month.
2. Signer dies in early 2010 but son remains on with no new lease and continues to pay rent.
3. Son decides to move out. Is he entitled to the deposit or does it belong to the estate of the deceased or does the LL get to keep it now?

 

[antrc170]

The deposit minus your normal fees is due to the estate of the deceased. The only other way is if the estate grants that the monies can be released to the son.

 

[ajinaz]

What are normal fees? Can the son not pay rent for the last month and just leave as a way to "get" the security deposit? In other words is the LL actually required to send it to the estate? Or can the LL use it to cover expenses incurred several months after her death?