Now What? My Landlord Passed Away

Question: My landlord passed away. What happens now? 

• Your Lease: The lease is still valid. That means, all the responsibilities and rights for both the tenant and the future landlord are still in effect. 
• How to Pay Rent: Tenants still have to pay rent. Sometimes, the tricky question is who to pay rent to. The "estate" of the deceased landlord should reach out about next steps. The administrator or personal representative of the estate should have a Letter of Administration from the courts to authenticate permission to manage the estate.
  • Note: If it's still unclear who to pay rent to, the tenant could save the full rent payments. Then, when a tenant confirms who the estate manager is and knows about the right way to pay rent, the tenant can cure and pay all owed.
• How to Request Repairs: Contact the person who claims that they are the administrator, personal representative of the estate, or the new landlord. The Mount Prospect Landlord and Tenant Regulations may apply and give tenants options when there are poor conditions. The tenant can also consider calling the local department of buildings to file a complaint and request an inspection.  

Question: My landlord paid for utilities. What can I do? 

There are two options: 

1. Change the bill to your own name; or
2. Keep it under the landlord's name.

If there is an administrator of the estate, consider reaching out about the former landlord’s obligation. 

Under the Rental Property Utility Service Act (765 ILCS 735), a tenant can recover damages for the amount that the landlord did not pay the utility company. The tenant has the burden of establishing that the tenant was billed for utility service as a result of the landlord's violation. Upon proof by the tenant that the tenant was billed an amount for service not attributable to the unit or premises occupied by the tenant, the landlord shall be liable to the tenant for 100% of those utility bills.