As a landlord, you will deal with many people, which also means dealing with the unexpected. Death can happen at any moment and without warning, making it even more important for landlords to know the proper legal procedures. If you’re trying to grapple with the untimely death of a tenant and don’t know where to begin, here’s what to do when a tenant passes away on your property.
Obtain Written Notification of Death
Before you can legally proceed with lease termination, you must obtain a written notification of death. You should receive this notification from the deceased’s family or their executor. However, if you are the one to discover the tenant has passed, you need to call authorities immediately and then get in touch with their emergency contacts. The police will be responsible for informing any family if the deceased has no contacts listed.
Secure the Property
Securing the property is a very sensitive and critical step as it protects you and the tenant’s property. You’ll want to lock any doors and windows while taking care not to touch any belongings. Record keeping is incredibly important for landlords for many reasons, and because of the sensitive nature of this task, you may want to consider videotaping this process. This will ensure that you don’t get accused of stealing items if things turn up missing. Once the executor of the estate or next of kin has the keys to the property, you are no longer responsible for securing their belongings.
Handle the Tenant’s Belongings
If the tenant has no state executor or next of kin, check your local and state laws regarding what you should do with unclaimed belongings. Remember, you have no right to dispose of everything, though some states will allow you to dispose of unclaimed items after a set amount of time. If the tenant has next of kin, you will need to work with them to move the tenant’s belongings. Remember to be patient and compassionate, as this process can take up to four weeks.
Manage the Lease and Security Deposit
If your tenant had a monthly lease, the notice of death would act as the 30-day notice of the end of the lease. You should notify the executor or the next of kin of these 30 days and inform them that they need to pay the remaining rent. When dealing with a long-term lease, notify the appropriate contacts that they have to cover the payments until the lease runs out. If they wish to terminate the lease, you can kindly grant them this request or continue to ask for the rent owed, effectively treating the death as a broken lease agreement.
It is incredibly important to know what to do when a tenant passes away on your property, not just for yourself but everyone involved. Just remember to look at your state and local laws and be compassionate towards any loved ones suffering at this time.
