Remaining Items left in Rental Home

[Kendall Vrana]

Happy New Year’s Eve, everyone! 

My husband I and have an unusual and very unfortunate situation. 

Sadly, a great tenant of our unexpectedly passed away. His roomate moved out, and we have re-signed with new residents who are scheduled to move in on the 8th. 

Unfortunately, a lot of our deceased tenant’s belongings are still in the home. His roomate left town without dealing with it, and we have been unsuccessful in reaching his relatives. 

What can we do to clear the home in a lawful manner? Thanks, and cheers to a great new year. 

[Marcia Maynard]

Unfortunately this sometimes happens. When a tenancy ends due to the death of a tenant you need to make sure you do what is required by the laws of your jurisdiction and act in a respectful and sensitive manner.

Typical steps:

1. Secure the premises.
2. Notify the authorities. The death needs to be documented and the deceased person's body needs to be removed appropriately. The authorities will attempt to contact next of kin.
3. Notify the emergency contact person/relative of the tenant if you have such. This is why asking for emergency contact information at the start of tenancy is important. If you reach relatives, be aware you can not turnover the deceased person's property except to the legal executor of the estate. If the person died with no will, their affairs may need to go through probate.
4. Do the paperwork necessary to document return of possession of the unit back to you.
5. Change the locks.
6. Notify utility companies of the tenant death and return utilities back into your name.
7. Notify the postal service.
8. Move and store possessions of the deceased tenant, in accordance with the laws for your jurisdiction. Take photos.
9. Inspect the unit for damages and document. Take photos.
10. Prepare a final report regarding the security deposit. You may deduct from the security deposit for unpaid rent, unpaid fees, unpaid utilities, damages (but not for ordinary wear & tear), moving & storage, extra cleaning, etc. [Be sure to check with what is allowed by the landlord-tenant law for your jurisdiction.]
11. Turn over the unit and prepare it to re-rent as soon as possible.
12. Typically, if relatives come forth to claim the deceased person's belongings, you may release to these to the executor. You can request compensation for the moving and storage costs if the security deposit was not enough. 
13. Get the contact information for the executor of the estate and complete necessary documentation regarding disposal of the deceased persons property. You can bill the estate if there are still monies due to you. You may become a creditor along with others.