Roomate dead -- overwhelmed

Roomate dead -- overwhelmed

FL · Member since 2020 · 12 posts · 8 votes

So I've been house-hacking for about 3 weeks when this happened last weekend. I'm still going through the trauma but I would very much like to get the legal requirements of this situation over with as soon as possible.

My roommate passed away and wasn't discovered until days later. I've told the sister who claims to be handling the estate and has collected his belongings that the cleaning service costs well in excess of the $500 deposit. There are some holes in the wall that haven't been repaired. Even after paying a company nearly $1,400 to decontaminate and remove the smell they quoted me another $400 to ozone treat it. I instead went on amazon and spent $110 for my own ozone machines. 

I understand I need to mail a certified letter, but to where and to who? Do I mail it to his name's estate at his drivers license address? He had only been my roommate for 3 weeks before this happened.

I have no intention of going after the family for that but the sister doesn't seem to understand that they are not going to be getting any money back from me. That the costs of this situation are so far in excess of the security deposit and last months rent it is just crazy.

I'm assuming if I do manage to get it cleaned up and rented out in time before the last month expires that I need to return the money to them. Is there a way I can use that to make up for the lacking security deposit? I have no plans on going after the estate, but I also don't want to say something that obligates me to give them a large chunk of money if I otherwise wouldn't have to. 

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Theresa HarrisPro Member
Member since 2019 · 15k+ posts · 11k+ votes
4y

Take the emotion out if it.  Send them a letter and tell them that the cost to clean the room was $X and while you will not be asking them for any of the excess amount, they will not be receiving any money back as that was used to return the room to its original state.

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  • Member since 2021 · 63 posts · 48 votes
    4y

    Sorry to hear about the situation! What does your contract say? 

    P.S. Definitely do your own research on remediation. Regulations/requirements may vary by location and this doesn't constitute professional advice:

    I've helped remediate a couple buildings and IMO the best solution is to toss all porous things and thoroughly clean all hard surfaces. I've never had any luck with o-zone. Do you have a hardwood floor? If so, worst case you may need to sand and reseal. Wet clean and paint the walls and ceiling. 

    A bathroom at one of my properties (purchased through a tax sale) came with human feces on every surface (and a giant pile in the tub). I just threw on a suit, gloves, boots, etc. and started shoveling it out. The fridge was filled with liquified rotten meat and kitchen was covered in maggots. Now after a thorough clean and paint the place smells nearly brand new.

  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    4y

    Take the emotion out if it.  Send them a letter and tell them that the cost to clean the room was $X and while you will not be asking them for any of the excess amount, they will not be receiving any money back as that was used to return the room to its original state.

  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    4y

    I agree with Theresa. Follow your process like you would for any tenant, expecting that you'll never see a dime. I've had over a dozen tenants pass (2020 was six in one year) and every one of them cost money, sometimes a lot. Only once did the family cut me a check and pay for everything. 

    The DIY Landlord Book4.7243 Reviews
  • Joe SplitrockPro Member
    Moderator
    Rental Property Investor · Sioux Falls, SD · Member since 2015 · 9k+ posts · 18k+ votes
    4y

    @Tom Tijerina check your state and local laws, because there can be some variance based on location. Make a full summary of all expenses and copies of all receipts. Summarize the amount you plan to be returned. For example:

    $500 security deposit

    $400 last months rent

    -$1400 professional cleaning and deodorizing

    -$110 ozone odor treatment

    Balance owed by the estate is $610 

    The sister claims to handling the affairs, so tell her you need her address to send the security deposit summary and return. If she asks questions, explain that everything needs to be done in writing, so you need the address to send it. Try to get a response in text so you can document. Ideally she sends you the address and you mail the letter certified mail. If she is the executor of the will, she is legally required to submit the $610 balance as owed by the estate. She may or may not do it. I wouldn't try to collect anything, but you definitely want to send the bill. This is incentive for them to NOT fight you on the expenses. If she doesn't provide her address, then you mail to last known address, which is your address. Send it certified mail, signature required. She should have forwarded mail, so theoretically it should be forwarded to her. If the post office attempts delivery, refuse the envelope. It will be returned to you as undeliverable. Keep the envelope unopened. If you wind up in court, tell the judge the sister refused to give her address, so you mailed to "last known" address. Show the envelope as proof. 

    Sorry you are dealing with this. Deaths do happen but statistically speaking it doesn't happen very often. It is pretty uncommon in a house hack starting out. I had three fires within the first two years of entering the business. Your ability to succeed in this business is determined by how you overcome adversity. 

  • FL · Member since 2020 · 12 posts · 8 votes
    4y

    I wanted to thank everybody who has reached out to help me. While this isn't completely over at a time when I just had too much to think rationally so many of you stepped up to help an internet stranger. At the time I was simply unable to think rationally. Problem solving has been my main source of W2, yet I couldn't even really ask question in a rational way.

    @Dallas Hayden, I ended up hiring a company to clean it up. That got it 90% of the way there. An through scrubbing/cleaning and ozone treatment got it the rest. So far, so good.

    I.... cant even imagine having to deal with that bathroom. I often hear the smellier the better when it comes to real estate -- I hope you got a fantastic discount!

    @Theresa Harris and @Nathan G. I took what you and @Joe Splitrock wrote and ran with it. I sent the estate a certified letter yesterday addressed to the persons estate, at his last known address. This is also where his sister said to send it via text. I was prepared to send two if they didn't match just to be sure. 

    I again can't thank you all enough for helping me through this tough time. I expected to have to deal with a pissed off person for a few months during an eviction process as my worst case. I was very much unprepared for this. I've seen people mentally shut down after being pushed emotionally but I've never been so far into the weeds that I couldn't just immediately turn around. 

    Thank you again! 

    I hope you all have a wonderful holiday season filled with quiet tenants and full stockings. :)

    PS: future reader. If you are going through this, don't be afraid to reach out to everybody you know! So many will help you, even if you think you are "a loner" like me.

  • Coppell, TX · Member since 2015 · 485 posts · 310 votes
    4y

    TSP works but is very strong it will remove some of the paint, (and you repaint) but it kills bacteria. TSP = Tri-sodium Phosphate, sold at Home depot.

    Is that a German Shepard or a Belgian Malinois in your profile? nice doggie

  • FL · Member since 2020 · 12 posts · 8 votes
    4y

    @Maurice D. She is a GSD. Got a boy to keep her company too but she generally ignores him unless he takes her ball. Haha

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