Inherited tenant DIED - no rental agreement in place

[Andy Kurtz]

Just closed on a 6-unit property in MA, which will be a cash cow once it’s turned around. One of the tenants, who’d been there living alone, passed away 6 weeks ago. The tenant has a daughter, whom my property manager has been in touch with. The daughter is obviously distraught, but insists she will have all the belongings removed by the end of the month. According to the property manager, as of yesterday the unit, which when the tenant lived there was in immaculate condition, is in shambles. Trash and belongings strewn throughout, and food left open in the kitchen, which is causing a rodent problem. Not good times. From a legal standpoint, there has never been a written ad signed rental agreement in place. I have an estoppel letter confirming the tenant’s monthly rent, and that there a) were no security deposits collected and b) last month’s rent was NOT collected either. What steps do I need to take to cover myself and get rid of these belongings? Thanks to all.

[Kaycee Miller]

As I am sure you realize, you need to check your state and local laws about any specific requirements for handling a tenant's death appropriately. Your property manager should be knowledgeable about your state and local landlord-tenant laws.

In most cases, follow these procedures.

1.Get a written notice about a tenant’s death from next of kin or the executor, so you can start the transition to re-renting and recoup any financial loss.

2. Secure the property. Work with the next of kin to coordinate times for you to let them into the property to clean and remove items. Do not personally touch anything.   If you have to remove garbage and rotting food that is attracting rodents, take video evidence of everything you are throwing away. Don't throw anything away that isn't rotting garbage. 

3. Work with the next of kin to get them to remove the deceased tenant's belongings. Set a realistic timeline for the family to remove the belongings and clean the property. Anywhere from 2 weeks to 30 days is a good time frame. You can let the family know that they will be responsible for rent for the amount of time it takes them to clean the property and return possession back to you.

If the amount of rent, damages and cleaning exceed the total security deposit, you’ll need to petition the deceased tenant’s estate for compensation.  If the tenant did not issue a notice for intent to vacate, it sounds like you have a good case that she intended to live there for the current month, in which case that rent is still due to you. 

Hope that's a helpful starting point.