If landlord dies or becomes incompacitated, is a rent to own contract binding with inherity or?
March 26th, 2011 | 
Author: power of attorney of the landlords property with current tenant?
Posted in Landlord Tenant Law
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Depends on the laws of your state. Check with an attorney to find out.
In most states, the contract would be legal binding upon the seller’s estate and the buyer could force the sale.
In most states, it would not be legally binding upon the buyers estate, unless the buyer had exercised his option to buy. If the buyer had exercised his option to buy, it would be part of the buyers estate, same as buying a house from a bank.
If they die a lease is void, you are month to month, and pay rent to the estate.
Incapacitated is not legally covered, nothing would change, you would pay their POA, who is managing their affairs.
you have a land contract and yes, it’s binding. I would record it in the public record ASAP. Talk with a lawyer today.
Leases, options, lease-options, rights of first refusal, etc., all run with the property. These agreements, like easements, liens, mortgages, etc., are all binding on future owners, with one caveat: The future owners must generally have notice of such encumbrances. Usually, notice is effectuated by recording the particular document.