Does home rental agreement last after death of owner

Question

This is in Texas

A homeowner leases a home to a renter for a one year term.

The lease agreement is written by the homeowner and is plainly worded and not done by a lawyer. There are no mentions about early termination of the lease, nor fees for such.

It outlines a term of one year, with a monthly amount payable on the 1st for each months rent.

The homeowner dies with about half of the lease fulfilled.

Can the renter declare the contract to be void because of the death of the only other party to the contract?

What if one of the heirs comes to the renter and tries to add additional conditions?

Answer 1

Can the renter declare the contract to be void because of the death of the only other party to the contract?

No. The estate of the decedent steps into the shoes of the decedent and the executor of the decedent's estate can enforce the lease.

What if one of the heirs comes to the renter and tries to add additional conditions?

The heirs do not have the authority to modify the lease without the tenant's consent, although the tenant knows that the lease may be less likely to be renewed if the tenant does not consent.

Also, the heirs, strictly speaking, don't have the authority to do anything. Only an executor duly appointed by a court does.

Answer 2

Yes

In general, death does not end a contract - the rights and obligations of the contract pass to the estate of the deceased, administered by the executor in trust for the beneficiaries.

Permission would be required for assignment of the lease from the estate to beneficiary(s) (or any other changes), however, the estate can be maintained until the contract expires. The estate would have all the rights that the contract allowed including allowing beneficiary(s) to live there subject to whatever limitations there were in the lease.

In contrast to the general rule, a contract for personal services is terminated by the death of the person concerned. The most common type of such a contract is an employment contract but any contract that is dependent on the skill and competency a a specific individual party is a personal services contract.

Of course, any contract can contemplate the death of one or both of the parties and address that in its terms.