How to handle a dead Tenant.

[Nathan Gesner]

Yesterday morning I got a call from two nurses attempting to conduct a home visit with an elderly Tenant of mine. They said she wasn't answering the door but the TV was on. I tell them she's hard of hearing and they need to knock hard. They've already been trying that for 20 minutes. I ask if her car is in the parking lot because she never rides with anyone else. It is. I grab a key and head over, frustrated that she's probably just in a deep sleep.

I unlock the door and ask one of the nurses to go in first. I've walked in on this Tenant before when she was not fully dressed and it wasn't pretty. The nurse walked in and came back out less than 10 seconds later. "She's gone."

I said, "she never leaves without her car. Did you check the bedroom and bathroom?"

She said, "No, she's not here! I mean, she's gone!"

I then realize this nurse is afraid to use real words like "dead" or "deceased" or "kicked the bucket." I asked if she was certain so she went back in, checked, and confirmed rigamortis was already setting in. She said there was "blood everywhere" and refused to go back in.

I'm prior military and have seen just about everything so I head in to take a look. It was definitely a bloody mess but appeared to be an accidental fall. I stepped out and waited for the police to arrive.

Here are some suggestions if you ever come across a deceased tenant:

1. I would normally recommend you DO NOT approach them or touch them unless you need to verify they are deceased. I personally want to check because there may be a chance of saving them. If you decide to check, carefully approach and check for a pulse, body heat, breathing, rigamortis, etc. Be sure to check the area before approaching the body! You don't know if they were murdered, electrocuted, or slipped on a banana peel. Make sure the area is safe before stepping in.
2. Once you verify they are deceased, carefully leave the scene and stay out. You don't want to contaminate it in any way because the police need to verify whether foul play was involved.
3. Call 9-1-1 and report the incident. Identify yourself and your reason for being there. If you notice anything unusual (bloody footprints, foaming at the mouth, or a clown standing behind the curtain) be sure to point that out.
4. When officers arrive, don't start blurting out your story because you may end up repeating it 50 times. The first cop isn't necessarily the one in charge. Stand back, let them do their job, and they will approach you when they are ready to talk.
5. Stick to the facts. Don't play Columbo or build crazy theories. Let the experts do their job.
6. Contact the insurance company. In most cases, a death won't involve an insurance claim. In my case, I have a lot of blood-soaked carpet and other hazardous issues that require immediate remediation. The insurance company is willing to pay for it since there's a biological hazard involved. It never hurts to ask!
7. If there are animals present, contact Animal Control so they can be cared for.
8. If you are managing the property for someone else, contact the Landlord and report the situation.
9. Contact next-of-kin or emergency contacts because someone will have to remove their possessions. Make sure they have authority to remove stuff. You don't want to be stuck in the middle of a family dispute over possessions! The police and/or detectives can help guide you on this.
10. If this is a multi-family property, talk to your other tenants and explain the situation. You may not be legally required to share the information but it's the right thing to do. The tenants will find out on their own, anyway.
11. Secure the property. You have a responsibility to protect their possessions.
12. Get written notice of the Tenant's death from the executor, next of kin, etc. If they are on a month-to-month lease, the notice of death may constitute legal 30-day notice of termination. The estate is typically responsible for any remaining term of the lease but most Landlords just want to empty the unit and move on.
13. If anyone needs to enter the property, escort them and keep a record of who entered and when. If something has to be removed (e.g. clothing for burial) be sure to document specifically what was taken and who took it

Those are just a few tips. You also have to know what to do with personal property. In my case, the Tenant has no known relatives. We thought we would have to remove everything, store it, etc. Fortunately, the detective was able to locate her ex-husband from decades ago and he's willing to take care of everything.

Anyone else have experience or tips they would like to share? @James Wise?