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Updated over 2 years ago on . Most recent reply

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Claire Blary
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Death of only tenant- dealing with aftermath

Claire Blary
Posted

Hello,

I am facing a new situation and need input.

One of my tenants died approximately 1 month ago, it may have been suicide.

She and her children were the only ones on the lease. I was notified by the tenant's mother (who I have never spoke to or been in touch with before). The tenant's mother asked me when they need to move things out, and I was so shocked by the fact that the tenant had died, that I didn't even know what to say.

I looked back in my call logs and I am not able to find the tenant's mother's number. I spoke to an attorney who helps me with lease prep and he said unless probate is opened/ and the tenant's mother is the personal rep for the tenant, I can't do anything except to tell the tenant's mom not to enter the premise.

And I need to wait 60 days after the tenant's death to be able to do anything with the things inside.

The last time I was there, the home has all the belongings inside. The children now live with their grandmother in another home.

The tenant's kids are a little older than mine. Their father passed away may be 2 years ago, and now they will be raised by their grandmother. I don't really want to tell the grandmother she can't come back in to remove their stuff, I don't really want to change the locks. I'd like for them to just take the stuff out ASAP.

The area I live was affected by the hurricane and there is a lot going on for everyone.

Any advice?

Thanks

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Greg M.#2 General Landlording & Rental Properties Contributor
  • Rental Property Investor
  • Los Angeles, CA
4,942
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Greg M.#2 General Landlording & Rental Properties Contributor
  • Rental Property Investor
  • Los Angeles, CA
Replied
Quote from @Bjorn Ahlblad:

Sometimes you are better off not talking to lawyers. I had a tenant die two years ago. His family came in cleaned the place out and left the apartment spic and span. I gave them the security deposit.

 ...Two weeks later the tenant's sister contacted me. The Will left everything to her. She was pissed I gave away all her property and hired a lawyer. She ended up taking me to court and getting a judgment for over $100,000 for all the personal property I failed to secure. My insurance refused to cover the loss as it was an intentional act. It's been two years and my wife still won't let me forget about it...

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