Expired Tenant..Proceed with caution!!

[Bridget Smith-Osbourne]

Here is my situation;

 70 year old Tenant(s) has been renting for past 16 months . One year lease which turned into a month to month. Received a call from neighbors of Tenant, that wife passed away... inside house and according to coroner.......... body has been there for a few days.

   Husband was home at time but did not report death. Wife's body was discovered by her son who was adamant about getting into premises after being unable to reach mom for past week. Husband who is not father of wife's children was sent to Hosp Psych Ward soon to be release. Word is he is planning on returning to unit. Thoughts on contiuning with his tenancy....?????

[Marcia Maynard]

This is what I suggest...

1. Work with the family to make the transition as easy as possible. This is the type of situation where making a move-out plan together is ideal. He has not abandoned the house yet, so don't go that route. The eviction route is expensive and can be more time consuming, so don't go that route.... at least not yet.

2. Have him or his legal representative sign a "Notice of Vacate" form, or something similar that gives you the date he intends to end his tenancy, a forwarding address, updated contact information. Be sure to get the name, relationship and contact details of the family members/others that are in his support system.

3. Present his or his legal representative with an accounting of the amount of past due rent, late fees, etc. still owing... in other words send him a bill for what he owes you to date.

4. Check to see if he is paid up with his utilities. 

5. If you didn't already address the lawn care situation or the maintenance of the home that is lacking, let that go for now. You can address that later or after move-out. Or if your rental agreement covers it, hire a landscaper to tidy up the yard and add the cost to his bill. Keeping the outside of the home looking good will discourage vandals and break-ins.  It will also be good for your relationship with the neighbors. So may be good for you to do regardless.

6. Give the him and his family information about the steps they need to do to properly move out. We have a move-out instructions packet that makes it clear what the tenant needs to do, including clearing out all belongings and leaving the unit in the condition it was as move-in, less wear & tear.

7. Suggest they may need more time to clear out the house, so if they catch up on the past due rent, fees, utilities or anything else outstanding they could buy more time. Or they could hire a moving company to pack up the household belongings and move them to a storage unit.

8. Serve a notice to inspect so you can get an idea of any known damages to assess now and to get an idea of what kind of work will be needed to turn the unit (make ready) for the next tenant.

9. Try to remain polite and professional, firm and fair. Beware of strong feelings about this tenant that have been developing over time that may cloud your view. He is obviously incapacitated at this time and may not be able to respond to any of your notices. This is why you need to reach out to his legal representative, family, emergency contact person named in your rental agreement, etc.

10. If your attempts to work this out with him/legal representative/family are not enough, then proceed with eviction on the basis of non-payment of rent. Do so in accordance with landlord-tenant law in your jurisdiction.

11. Be aware, do not give the family access to the house without the consent of the tenant or his legal representative. At this point it is still his home and he still has tenant rights. If the family already has keys and they start helping themselves, that is a different matter.

Good luck!