When a Tenant Dies...

When a Tenant Dies...

Mukwonago, WI · Member since 2015 · 15 posts · 2 votes
I received the terrible news that a long time tenant of ours (an original tenant when my family purchased the property in 1987) passed away yesterday. What should I do as a landlord in this situation? We are located in Wisconsin. He lived alone, but has family members in the same town. Some questions I have are: 1. How much time do I allow the family to clear out his personal property? 2. How does the lease legally end? I would think that in the case of death, the normal 60 day notice to terminate the lease is not in effect. Or is the estate responsible for 60 days of rent or until it is rented, if earlier? 3. Do I, as a landlord, need to give any sort of written notice to the family/estate? If so, for what? 4. How or where can I get in contact with the estate if there is damage to the unit? How long does it take to sort out this type of thing? 5. What else do I need to be aware of in a situation like this? Thank you for any advice offered. I hope these questions don't come off sounding heartless in this format. I just want to do the right thing and know what expect.
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  • Real Estate Agent · Jewett City, CT · Member since 2015 · 57 posts · 28 votes
    11y
    I'm not sure about the specific laws regarding tenant deaths in your state, but if there is 60 day notice and/or any damage to the apartment, I would just write it off personally. You got 27 years out of this tenant and thats it excellent. Pushing for an extra two months rent just isn't worth it. Also, I bet 27 years of normal wear and tear does take a toll and you will need to do some work/updating. My suggestion is find the laws regarding it, but dont pursue anything further monetarily. Just my opinion though.
  • Lexington, MI · Member since 2014 · 92 posts · 29 votes
    11y

    Talk to the family and be supportive. Let them do whatever they need to do for a few days. It's a closure period for people. If nobody is squatting just let it take it's course. 

  • Investor · Juneau, AK · Member since 2015 · 980 posts · 741 votes
    11y

    I think about this from time to time (probably too much)... 

    First concern if they died there and were not discovered promptly--you have a biohazard situation. 

    If that is not an issue, I have two tools I would use. 

    First, I would start talking to them in a human way. Find out who the person is handling the affairs. I would offer to be helpful and if they have a lawyer maybe talk to him about details of access and possession and dates (more neutral and less emotion there). I would listen some and they may have this worked out at the first few contacts (Joe is the executor and the family is coming after the services to clean out the place). Cover your bases and document your discussions and understandings. Maybe even an offer to help the move out the items is a gentle way to broach the issue.

    Second, if the family had issues, no clear plan, or I suspected I may be left with debris, caught up in an argument or family squabble, or there was a lot of damage. You might talk to a landlord/tenant attorney or generalist. I am guessing the lease is the least of your concerns. If it is month to month,  and the tenant is dead, I am guessing you are done. And even if it is a year long with time left, it is impossible to perform (the tenant is dead) so  I would send them a letter ending it with no liability (and if you are looking for the vacancy days from a dead guy that was there 27 years, that is a looking  a bit harsh) and forward all the mail. Then focus on the new tenant.

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