Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
General Landlording & Rental Properties
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

User Stats

18
Posts
6
Votes
Dustin Baldwin
  • Investor
  • St Petersburg, FL
6
Votes |
18
Posts

Tennant found dead in house

Dustin Baldwin
  • Investor
  • St Petersburg, FL
Posted

I just received a call from one of my tenants saying they found the other tenant dead in his room. Sheriff's Office is investigating the cause (looks like suicide) and will be contacting Next of Kin to notify and come pick up his things. My question here is, am I required by law to disclose that there was a death in the house to the next renter? Have any of you experienced a death in your rentals? If so, any pointers that I may not be thinking of. 

On a side note: Thoughts and prayers with his family. He was way too young for this to happen. 

Account Closed
  • Real Estate Agent
  • Las Vegas, NV
1,347
Votes |
2,334
Posts
Account Closed
  • Real Estate Agent
  • Las Vegas, NV
Replied

(b) The fact that a property was, or was at any time suspected to have been, the site of a homicide, suicide, or death is not a material fact that must be disclosed in a real estate transaction.  http://aboutfloridalaw.com/2013/10/22/duty-to-disc...

looks like no  

User Stats

18
Posts
6
Votes
Dustin Baldwin
  • Investor
  • St Petersburg, FL
6
Votes |
18
Posts
Dustin Baldwin
  • Investor
  • St Petersburg, FL
Replied

Thank you sir. 

Baselane logo
Baselane
|
Sponsored
BiggerPockets prefers Baselane The #1 REI platform that integrates banking, rent collection and bookkeeping to save time and money.

User Stats

3,280
Posts
3,063
Votes
Michaela G.
  • Investor
  • Atlanta, GA
3,063
Votes |
3,280
Posts
Michaela G.
  • Investor
  • Atlanta, GA
Replied

It really depends on your state laws. In California it would have to be disclosed for 3 years after the death to buyers or tenants.

User Stats

9,365
Posts
6,550
Votes
John Thedford#5 Wholesaling Contributor
  • Real Estate Broker
  • Naples, FL
6,550
Votes |
9,365
Posts
John Thedford#5 Wholesaling Contributor
  • Real Estate Broker
  • Naples, FL
Replied

Not required in Florida.

User Stats

8,322
Posts
4,339
Votes
Colleen F.
Pro Member
  • Investor
  • Narragansett, RI
4,339
Votes |
8,322
Posts
Colleen F.
Pro Member
  • Investor
  • Narragansett, RI
Replied

You may not have to but the other tenant is going to tell them if it is a rent by room situation so consider that.

User Stats

23
Posts
17
Votes
Wade Williams
  • Property Manager
  • Property Manager from Des Moines, IA
17
Votes |
23
Posts
Wade Williams
  • Property Manager
  • Property Manager from Des Moines, IA
Replied

I found a tenant dead during a property inspection. Dead tenants is never a good situation, but it is a business of providing housing, it happens. 

I did not disclose, but had a prospect tenant who just so happen to know who lived there and asked "Where did [Deceased Tenant] move to?" I wasn't going to openly disclosure, but definitely wasn't going to lie. It wasn't an easy conversation, but she still rented it.

User Stats

72
Posts
60
Votes
Waylon Gates
  • Real Estate Investor
  • Lake Havasu City, AZ
60
Votes |
72
Posts
Waylon Gates
  • Real Estate Investor
  • Lake Havasu City, AZ
Replied

Telling potential tenants likely will produce the best long term results.  If you don't say anything and then they find out later you potentially could have an upset tenant.  I would go by the open book policy, that it how I handle all of my deals, and I have found that it works very well.   I would consider human psychology in this decision.  With information being so freely available it is likely they will figure it out anyway, so consider how they will react if you don't tell them upfront.

User Stats

658
Posts
301
Votes
Ronald Perich
Pro Member
  • Investor
  • Granite City, IL
301
Votes |
658
Posts
Ronald Perich
Pro Member
  • Investor
  • Granite City, IL
Replied

@Dustin Baldwin

One caution about next of kin picking up personal property. Make sure they have legal standing to do so. Get with your attorney right away to find out what you need to do legally to protect that property and make sure you are protected from a lawsuit.

If Aunt Sally comes over for that irreplaceable broach, and the deceased had promised it (or even willed it) to someone else, you could be held responsible.

  • Ronald Perich
  • User Stats

    423
    Posts
    222
    Votes
    Kevin Manz
    • HVAC Tech
    • Fort Wayne, IN
    222
    Votes |
    423
    Posts
    Kevin Manz
    • HVAC Tech
    • Fort Wayne, IN
    Replied

    Not so much to the op, but what is the big deal. Everybody dies. Just cuz someone died in a property does not mean your going to die if you live there. Or do people really believe in ghost. WEIRD

    User Stats

    658
    Posts
    301
    Votes
    Ronald Perich
    Pro Member
    • Investor
    • Granite City, IL
    301
    Votes |
    658
    Posts
    Ronald Perich
    Pro Member
    • Investor
    • Granite City, IL
    Replied

    @Kevin Manz, there are plenty of people who get freaked out by the thought of living somewhere where someone else passes away, especially in a non-traditional manner. The more violent or gruesome, the more people will be challenged with it.

    Some states require you to disclose it, some don't. Some municipalities require it, some don't.

  • Ronald Perich
  • User Stats

    2,667
    Posts
    1,760
    Votes
    Deanna McCormick
    • Minneapolis, MN
    1,760
    Votes |
    2,667
    Posts
    Deanna McCormick
    • Minneapolis, MN
    Replied

    Sounds like a shared apartment? maybe the other roommate will continue living there and get a new roommate.. Unfortunate but death happens, and the estate of the deceased is responsible for his bills and clean up of the apartment.  Harsh, but reality. 

    Make sure if it's separate locked living space for deceased tenant you secure the area after the sheriff has released it , I'd take my own photo's showing what's in the space. You need to be sure  you let in the correct next of kin to take control of his possessions that have the right to his personal property. I'd ask for the family's attorney to provide you with that information.

    I'd recommend to change the lock,Put note of door saying see Manager for entry, Premise has been secured by Management. 

    User Stats

    3,860
    Posts
    3,544
    Votes
    Rick H.#4 Marketing Your Property Contributor
    • Lender
    • Greater LA/Orange County area, CA
    3,544
    Votes |
    3,860
    Posts
    Rick H.#4 Marketing Your Property Contributor
    • Lender
    • Greater LA/Orange County area, CA
    Replied

    Each state has laws which define what must be disclosed in a transfer of real estate as well as to prospective residential tenants.

    However, laws are intended to to define the legal minimum required. Your own ethics ought to dictate what policy and practice is appropriate for your ral estate investment and.rental  business.

    Absent a crime scene or violent scenario which resulted in the death of a tenant, this is about how a prospective tenant might feel about sleeping is a room that someone died in. 

    Have you ever been in the hospital? If you've spent even a night, then you've slept in a room for which someone died. Probably even in the bed that you spent your duration in! 

    If it were me, I would disclose that a former tenant died in the house. I would not say where in the house., however I'd state that it was natural causes. Also, they may have been declared dead later in an ER, which means some did not die in the house but in a hospital. 

    CV3 Financial logo
    CV3 Financial
    |
    Sponsored
    Fix & Flip | DSCR | Construction Loans Up to 90% LTV - Up to 80% Cash Out - No Income Verification - No Seasoning Requirements