What happens if a tennant dies in your rental property?

[Jonah Tyler]

No one died, but I am wondering about what one would need to do if a tenant were to pass away in the home? What do you need to do if a tenant passes away elsewhere?

[Scott P.]

It may depend on State law..... and/or your Lease I suppose...I have had one elderly tenant pass while in the hospital.  It was several years ago.  My vague memory is that her deposit covered one month's rent and it took another month or two for her family and/or pastor to remove her belongings.  I did not "pursue her estate" for the balance of rent owed.  My memory is that someone paid the utilities before I took possession but I can remember for sure....maybe I did paid them.  She had rented from me for over five years and was month to month at the time.

I have an associate who had a tenant tragically take his own life by running his car in the garage while sitting in the car.  A neighbor who is also a tenant of my associate heard the car running and noticed a smell of fumes.  Fumes somehow got through the garage door to the house and also killed the pet dog (after it vomited around the house.)  Police entered the home because it was 3 hours from where my associate and I live.  The body was removed by the time the landlord arrived.  The tenant's ex-wife and adult child removed the belongings.  My memory is that a court was not involved.  (His wife is an attorney.  So I assume they knew what they were doing.)  Similar to me this all took 2-3 months. He kept the deposit but lost the other income from the other months.

I suspect there is a way to make a claim against the estate in both these cases but i don't really know.