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Mason was leasing lakeside property when his one-person sailboat capsized, and he drowned. Under Texas law, which of the following occurs if a tenant dies during the term of lease?

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Final answer:

Under Texas law, if a tenant dies during the term of a lease, the lease does not automatically end. The estate of the deceased tenant is responsible for fulfilling the lease's terms until it is legally terminated or the lease period ends, including clearing out belongings and paying the rent.

Step-by-step explanation:

If a tenant, such as Mason, dies during the term of a lease, under Texas law the lease does not automatically terminate. The lease agreement typically governs what happens in such an event. Similar to when a tenant voluntarily vacates the premises, any possessions left by the deceased tenant would need to be cleared out, and keys returned to the landlord. If the lease is a month-to-month agreement in Texas then either the estate of the deceased or the landlord would give a 30-day written notice to terminate the lease. If, however, the lease term has not yet expired, the estate of the deceased tenant is responsible for the lease and its obligations until a proper termination is carried out or the lease term ends.

In addition, the termination clause in the leasing agreement generally fixes the responsibilities of the tenant's estate such as paying rent until the lease can be lawfully terminated, the removal of the tenant's belongings, and the potential liability for damages caused by a delay in vacating the property which could impact the landlord's ability to rent to new tenants.

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