Deceased tenant in unit

[Tone Church]

Yesterday I received a call letting me know that my tenant was found deceased in one of my units yesterday morning. They lived alone.

I spoke with a family member who said they are waiting on the examiners report and will let me know the official cause of death and if it was related to COVID-19 or not. All of the police and ambulance that surrounded the house were wearing gloves and masks, I was told by a neighbor in the house next door.

As a relatively new landlord not sure what the order of operations is here, what I should be considering etc. Any advice would be appreciated.

1. Should I file an insurance claim? I will need a professional cleaning from a disaster recovery company for COVID-19 if it comes back that that was a factor. I may also need a cleaning at the site the body was found depending on how long it had been there. I was told by someone that if it had been a while I may need to replace all carpets.

2. What should my communications be to the downstairs tenant? An elderly woman that may also be fearful and had just signed a 12 month lease renewal?

3. Family member of deceased individual asked if they still have to pay rent. From what I understand the terms of the lease get passed on to executor. The lease was set to expire May 31.

Any other advice would be appreciated. Very stressful situation as I have only been a landlord for a year and feel awful for the family.

Thanks everyone.

[Greg M.]

Originally posted by @Tone Church:

I received a text message from one of the deceased tenants children this afternoon that said the following: "My mother in law's lawyer friend told her that there is a 60 day hold on evictions. That meaning there is no rent due for two months and her belongings can stay there for that time. I wanted to touch base with you if you were advised with other imformation."

Sounds like a FU text to me. I'd respond in kind. 

Assuming this unit is in NY, it appears that the death of the tenant does not terminate the lease. The lease now becomes the obligation of the estate. I would respond something as follows: 

According to NY law, your mother's estate is now the leaseholder and is obligated to pay the rent until the end of the lease or until I can re-rent it after the unit has been fully vacated and prepared for move-in. 

There is a moratorium on evictions, but not on rent. Rent is still due and if not paid, after the moratorium ends I will be required to file eviction paperwork with the court and at the same time file for past due rent, clean-up costs, and lost rent while re-renting the unit. Your mother's estate will be liable for this and her personal possessions can and will be ordered by the court to be sold to satisfy this judgment. 

Until I receive confirmation from the estate as to who will be the Executor and who has authority to enter the unit, I have secured the unit and no one is authorized to enter. I'm sure you can understand this is to protect your mothers belongings and make sure the Executor has access to the belongings to distribute to the rightful heirs or if need be to sell them off to cover debts such as past due rent. 

Please confirm these findings with your mother-in-law's attorney friend. If she is not familiar with estate law, I will be more than happy for my attorney to contact her explain it in full legal detail.

Should you wish to arrange for the complete vacating of the unit, I am willing to terminate the lease early as long as all rent has been paid up to date.