Deceased tenant in unit

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Deceased tenant in unit

Tone Church
Goshen, NY · Member since 2017 · 60 posts · 14 votes

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.

1Reply
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Greg M.
Rental Property Investor · Los Angeles, CA · Member since 2017 · 2k+ posts · 5k+ votes
6y
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. 

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  • Steve Smithy
    Boston, MA · Member since 2008 · 149 posts · 57 votes
    6y

    Why would you need a special cleaning company for covid-19?  I thought they found the virus can only live on surfaces for a few days to a week at most.  So if the house is empty for a week nothing should be needed related to COVID-19 ( https://www.sciencedaily.com/releases/2020/03/200320192755.htm )

    1 - Regarding filing an insurance claim, if there is damage to be repaired such as replacing all carpets I would yes.

    2 - I would think the downstairs tenant already knows if the neighbors know they died.  You don't have enough information yet and all you could do is cause more stress by talking about "what ifs" now.

    3 - I think that depends on your state if the lease is passed on, but I haven't heard of that before.  I thought it would go to an estate probate eventually for debts but I think that death is considered something that lets them out of any leases.  They can pay you anyway if they want to but I don't think you can force them to legally.

    I'd wait until you have more information if you have to replace carpets and if they died of coronavirus or not before doing anything, give it a few days or a week.  I suspect you'll just be replacing carpets in that room if they had sat there for awhile and the rest of the house is probably ok.  Don't go into the unit until you get the all-clear though!

    5Reply
  • Greg M.
    Rental Property Investor · Los Angeles, CA · Member since 2017 · 2k+ posts · 5k+ votes
    6y
    Originally posted by @Steve Smithy:

    3 - I think that depends on your state if the lease is passed on, but I haven't heard of that before.  I thought it would go to an estate probate eventually for debts but I think that death is considered something that lets them out of any leases.  They can pay you anyway if they want to but I don't think you can force them to legally.

    This is state specific. In some states death terminates the lease immediately. In other states the lease continues and becomes the obligation of the estate. 

    OP: Secure the unit ASAP. You don't want a beneficiary claiming that their uncle's million dollar horseshoe collection is missing and it's your fault that you failed to secure it. Also, if there are any damages to the carpet, first take it out of the security deposit, then try the estate, then insurance. Only get insurance involved if it is a high dollar amount that you can't recover elsewhere. 

    6Reply
  • Jonathan R McLaughlin
    Rental Property Investor · Boston, Massachusetts (MA) · Member since 2016 · 2k+ posts · 2k+ votes
    6y

    @Steve Smithy “I think that death is something that lets them out of any leases” is one of the funniest things I’ve heard lately.

    1Reply
  • Jonathan R McLaughlin
    Rental Property Investor · Boston, Massachusetts (MA) · Member since 2016 · 2k+ posts · 2k+ votes
    6y

    @Tone Church read my own post and didn’t like the way it sounded—the death isn’t funny especially now.

    What made me laugh though was the focus on the lease. You had 2 months to go on it, we are in a pandemic with courts closing, country in crises etc. this may be the time to chalk up the extra costs to life and just move on.

    0Reply
  • Jackie Cramer
    Rental Property Investor · North Jersey Shore · Member since 2020 · 102 posts · 49 votes
    6y

    YOU need to secure property. No one else cares. Do NOT let anyone else in except the executor or the attorney for estate if there is one. 

    Or, one person st a time to go in with you present to search for a will or other paperwork. NO ONE is to remove anything other than that except executor who will need some time to be appointed by the court.The rent continues until it is emptied and paying is the executors job. 

    The vultures will br there soon pick it over leave you with the leftovers and take their sweet time.

    It's a hard situation but you must get control of YOUR property 

    0Reply
  • Jonathan R McLaughlin
    Rental Property Investor · Boston, Massachusetts (MA) · Member since 2016 · 2k+ posts · 2k+ votes
    6y

    @Tone Church A’s part of my apology for giving you a flippant reply to a serious question, here is some hopefully useful advice:

    1) national companies like Balcor have local disaster recovery operations which include this type of cleanup, and they have a direct pipeline to insurance companies etc

    2) local companies likely specialize in this type of removal and sanitization. I would contact pms of the area for recs and funeral homes as well. Even if the family is involved they will likely be overwhelmed. In a pinch the police will know.

    3) you can be human—reach out to the lady downstairs and ask her how she is doing? She is probably terrified. This doesn’t have to be a landlord tenant type conversation. If there is a problem she will likely tell you.

    4) do this fast, regardless of whose responsibility it should be—you need time to get it cleaned properly and to have it empty long enough so there is no COVID contamination from her or the cleaning crew and a new tenant will be safe and feel safe. About a week to be truly sure according to CDC.

    Another reason for the speed—and I say this without any humor—is that all of these resources will face a probability be overwhelmed in the next few weeks.

    0Reply
  • Tone Church
    OP
    Goshen, NY · Member since 2017 · 60 posts · 14 votes
    6y

    Thank you to everyone who replied so far. I will comment this evening on all input so far.

    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."

    0Reply
  • Greg M.
    Rental Property Investor · Los Angeles, CA · Member since 2017 · 2k+ posts · 5k+ votes
    6y
    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. 

    14Reply
  • Scott Mac
    Austin, TX · Member since 2019 · 5k+ posts · 5k+ votes
    6y

    Originally posted by @Tone Church:

    ......................................

    ............................................

    Hi Tone,

    If there are any pets in the unit (including secret pets not on the lease), make sure they have food (Purina) and water (use the dishes in the cupboard).

    If you don't want to keep them yourself, and the residents emergency contact can not take them, contact these people: https://www.nokillnetwork.org/d/New-York/

    If it will be a few days until they get there, leave a whole bag of food cut open and a large amount of water.

    If you don't want to go yourself to find out if they are in the unit, ask the first responders, neighbors, manager etc... if there were any pets in the unit when they hauled the deceased lady out.

    >>> If you don't do this, you may very well find dead rotting stinking animal carcasses ruining the carpets and sub-floor when you are able to turn the unit, plus it's just the right thing to do.

    Good Luck!

    2Reply
  • Tone Church
    OP
    Goshen, NY · Member since 2017 · 60 posts · 14 votes
    6y
    @Greg M.

    This is beautiful thank you for putting this together. That was my understanding of the law. I really appreciate the way you laid it out. 

    Do I simply ask them who the executor is? What if there was no will and one wasn't appointed? Whose word do I take to determine who is the official executor or administrator of the estate? What if I allow the individual that says they are the executor into the unit, they take some of the belongings, and suddenly another family member contacts me letting me know that I allowed a sibling, for example, to take belongings that technically belong to the estate and that they weren't the executor. Do I need to request a copy of the will showing who the executor is or do I need to request some other paperwork?

    0Reply
  • Tone Church
    OP
    Goshen, NY · Member since 2017 · 60 posts · 14 votes
    6y
    Originally posted by @Scott Mac:

    Originally posted by @Tone Church:

    ......................................

    ............................................

    Hi Tone,

    If there are any pets in the unit (including secret pets not on the lease), make sure they have food (Purina) and water (use the dishes in the cupboard).

    If you don't want to keep them yourself, and the residents emergency contact can not take them, contact these people: https://www.nokillnetwork.org/d/New-York/

    If it will be a few days until they get there, leave a whole bag of food cut open and a large amount of water.

    If you don't want to go yourself to find out if they are in the unit, ask the first responders, neighbors, manager etc... if there were any pets in the unit when they hauled the deceased lady out.

    >>> If you don't do this, you may very well find dead rotting stinking animal carcasses ruining the carpets and sub-floor when you are able to turn the unit, plus it's just the right thing to do.

    Good Luck!

    Thanks, hadn't even thought of that! I am not ready to go in there but will see if I can ask first responders. 

    1Reply
  • Tone Church
    OP
    Goshen, NY · Member since 2017 · 60 posts · 14 votes
    6y
    Originally posted by @Greg M.:
    Originally posted by @Steve Smithy:

    3 - I think that depends on your state if the lease is passed on, but I haven't heard of that before.  I thought it would go to an estate probate eventually for debts but I think that death is considered something that lets them out of any leases.  They can pay you anyway if they want to but I don't think you can force them to legally.

    This is state specific. In some states death terminates the lease immediately. In other states the lease continues and becomes the obligation of the estate. 

    OP: Secure the unit ASAP. You don't want a beneficiary claiming that their uncle's million dollar horseshoe collection is missing and it's your fault that you failed to secure it. Also, if there are any damages to the carpet, first take it out of the security deposit, then try the estate, then insurance. Only get insurance involved if it is a high dollar amount that you can't recover elsewhere. 

     Greg, thanks for this. I ordered new doorknobs and will be replacing the locks tomorrow - with gloves and a mask on. I suppose I may do a walk through as well to determine what kind of damage, if any there is from body decomposition. I'll save insurance as a last resort and only if a high dollar amount. 

    0Reply
  • Tone Church
    OP
    Goshen, NY · Member since 2017 · 60 posts · 14 votes
    6y
    Originally posted by @Jackie Cramer:

    YOU need to secure property. No one else cares. Do NOT let anyone else in except the executor or the attorney for estate if there is one. 

    Or, one person st a time to go in with you present to search for a will or other paperwork. NO ONE is to remove anything other than that except executor who will need some time to be appointed by the court.The rent continues until it is emptied and paying is the executors job. 

    The vultures will br there soon pick it over leave you with the leftovers and take their sweet time.

    It's a hard situation but you must get control of YOUR property 

     Thank you! What if there is no will and thus no immediate executor? How do I know who the official executor is?

    0Reply
  • Tone Church
    OP
    Goshen, NY · Member since 2017 · 60 posts · 14 votes
    6y
    Originally posted by @Jonathan R McLaughlin:

    @Tone Church A’s part of my apology for giving you a flippant reply to a serious question, here is some hopefully useful advice:

    1) national companies like Balcor have local disaster recovery operations which include this type of cleanup, and they have a direct pipeline to insurance companies etc

    2) local companies likely specialize in this type of removal and sanitization. I would contact pms of the area for recs and funeral homes as well. Even if the family is involved they will likely be overwhelmed. In a pinch the police will know.

    3) you can be human—reach out to the lady downstairs and ask her how she is doing? She is probably terrified. This doesn’t have to be a landlord tenant type conversation. If there is a problem she will likely tell you.

    4) do this fast, regardless of whose responsibility it should be—you need time to get it cleaned properly and to have it empty long enough so there is no COVID contamination from her or the cleaning crew and a new tenant will be safe and feel safe. About a week to be truly sure according to CDC.

    Another reason for the speed—and I say this without any humor—is that all of these resources will face a probability be overwhelmed in the next few weeks.

     Thank you, I would use ServPro if I need anything done. Good call on reaching out to the other tenant to see if she needs anything.

    0Reply
  • Jackie Cramer
    Rental Property Investor · North Jersey Shore · Member since 2020 · 102 posts · 49 votes
    6y

    If no will then sn administrator will be appointed by the local court which deals with probate. If I were you I would get my atty. to guide/advise me.

    0Reply
  • Morgan Klein
    Rental Property Investor · Jefferson, GA · Member since 2017 · 95 posts · 145 votes
    6y

    You need to get the advice of an attorney, no if, ands, or buts....

    0Reply
  • Greg M.
    Rental Property Investor · Los Angeles, CA · Member since 2017 · 2k+ posts · 5k+ votes
    6y
    Originally posted by @Tone Church:

    I would ask your attorney about all these. I have no idea how to find out who an Executor is. I suspect there is some record of it with the court system, but every place is different. 

    You may want to add wording to your leases as to what happens to possessions if the tenant dies or becomes incapacitated. I use the following wording:

    Should tenant become deceased, incapacitated, incarcerated, or otherwise unable to remove their belongings from the premises, tenant gives owner full authority to turn over these belongings to: (Name), (Relationship). Tenant agrees owner will not be held liable by tenant or tenant's estate for turning over any belongings under this provision.

    Should tenant choose not to designate a person(s), belongings will be handled in accordance with local laws and may be disposed of as the law permits. Storage and/or disposal costs will be assessed to tenant or tenant's estate.

    0Reply
  • Ryan M.
    Developer · Panama City Beach, FL · Member since 2013 · 130 posts · 88 votes
    6y

    Why would the landlord be responsible to her estate to 'secure' her possessions? And what gives the landlord the right to go in and change the locks and lock out her next of kin?

    0Reply
  • Ryan M.
    Developer · Panama City Beach, FL · Member since 2013 · 130 posts · 88 votes
    6y

    I'm curious as to the actual legal obligations of the landlord and the legal rights of the deceased tenants next of kin.

    0Reply
  • Joe SplitrockPro Member
    Moderator
    Rental Property Investor · Sioux Falls, SD · Member since 2015 · 9k+ posts · 18k+ votes
    6y
    Originally posted by @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. 

     I think this is great advice^^ I would talk to an attorney to figure out the fastest way to legally get the belongings out and get the unit rerented. My concern is with courts shut down, this could take months. Maybe an attorney could draft a document for the daughter to sign that would release the estate from the lease and have her take responsibility for the belongings that she removes. These are unusual times, so I may be willing to get a little creative, even if it puts me at risk. 

    0Reply
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