Death of a Tenant

[Joseph Tome]

Hello,

I am new to being a landlord. I was just notifed of a tenant's death. I want to be a compassent to the family members. Seeking any guidance on how to handle this situation from a legal, moral, and business point of view.  Thank You

[Greg M.]

Legal: You need to look up your local laws to find out what happens to the lease. In some places death terminates it, sometimes that day, other times at the end of the month, but in some places it continues and becomes the liability of the Estate. 

Business: If the lease terminates, find out who is legally in charge of the estate and task them with removing the items before the end of the paid lease term. If the lease continues, notify this person of that fact and ask how they want to proceed. Make it clear that rent is going to be charged while the unit is under their control. 

Moral: Nothing wrong with giving 100% of the security deposit back and allowing for a few days of unpaid rent, but don't be a chump and allow the family to drag out clearing out the tenants belongings for months. 

FYI, you may have a duty to secure the property. You should not allow anyone in the unit unless they show proof they are the legal representative of the estate. I don't mean they show proof they are the parent/child of the tenant, proof of being the executor of the estate.