R&H Explains Renters’ Rights on Fox 31

A Colorado family is grieving the death of their father. They were shocked to learn their late family member is being charged for breaking a lease at the apartment where he lived. 

Fox 31 turned to Robinson & Henry to weigh in on the complexities surrounding rental leases after the death of a tenant. R&H Evictions Partner Kayla Banzali offered her legal insights in an interview with Fox 31 when a deceased renter is charged for breaking lease. 

“Technically, for lack of a better term, it is a lease break. But there is a frustration of purpose in obviously the tenant did not realize, most likely, that they were going to die in the middle of the lease,” said Robinson & Henry Evictions Partner Kayla Banzali. 

Banzali highlighted the unique circumstances surrounding this situation. She explained that while lease agreements typically outline fees and charges for various situations, landlords have the discretion to exercise judgment in exceptional cases.

Banzali emphasized tenants should be aware of their rights and can even request a written independent agreement if they are dealing with a serious illness. She acknowledged the gray area between the strict enforcement of the law and the moral obligations that landlords may consider in such situations.

“There’s always that difference between the black and the white of the law and what they can say we’re going to absolutely enforce and that kind of moral obligation,” Banzali said.