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

Thank you sir. 

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3,280
Posts
3,063
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Michaela G.
  • Investor
  • Atlanta, GA
3,063
Votes |
3,280
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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
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6,550
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John Thedford#5 Wholesaling Contributor
  • Real Estate Broker
  • Naples, FL
6,550
Votes |
9,365
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John Thedford#5 Wholesaling Contributor
  • Real Estate Broker
  • Naples, FL
Replied

Not required in Florida.

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8,306
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4,326
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Colleen F.
Pro Member
  • Investor
  • Narragansett, RI
4,326
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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
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60
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Waylon Gates
  • Real Estate Investor
  • Lake Havasu City, AZ
60
Votes |
72
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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
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301
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Ronald Perich
Pro Member
  • Investor
  • Granite City, IL
301
Votes |
658
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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.

User Stats

423
Posts
222
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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

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

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

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3,860
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3,542
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Rick H.#4 Marketing Your Property Contributor
  • Lender
  • Greater LA/Orange County area, CA
3,542
Votes |
3,860
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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. 

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