Q: If someone dies partway through a rental lease, what are the rights and liabilities of the heirs according to Halachah?

A: Since rental is considered a temporary “sale” to the tenant for use, the heirs inherit the right to use the property for the duration of the lease, payable from the estate. If the deceased left no estate, some maintain that the heirs are not required to pay rent out of pocket, similar to other debts of the deceased. Others maintain that the landlord can evict the heirs if they refuse to pay out of pocket (C.M. and Rav Akiva Eiger 341:3).

If the heirs are not interested in using the property, some rule that they can withdraw from the lease and discontinue paying rent from the estate even when there is no alternate tenant, due to the uncontrollable circumstances. Others disagree, since rental is like a temporary sale. Rema rules that the landlord does not have to return rent that the tenant prepaid during his lifetime (C.M. 334:1; Shach 334:2).