Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
General Landlording & Rental Properties
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated almost 4 years ago, 01/06/2021

User Stats

27,368
Posts
40,274
Votes
Nathan Gesner
Property Manager
Agent
Pro Member
  • Real Estate Broker
  • Cody, WY
40,274
Votes |
27,368
Posts

(Update) Another Tenant died...and then two more!

Nathan Gesner
Property Manager
Agent
Pro Member
  • Real Estate Broker
  • Cody, WY
ModeratorPosted

I received a call from concerned neighbors. This Tenant normally goes for walks every day. Nobody has seen him for three days, his lights are on, and his truck has not moved. I go over for a welfare check and find him face down in his workout room. It appears he was working out with dumbbells and just dropped dead. He was 77 years old and a very happy, active guy.

The point of this post is to remind everyone to have a plan in case a renter is deceased or even incarcerated. This is my second renter to die in two months and the sixth one in two years. Who do you call? Who should you allow into the rental to remove belongings? What do you do if rent or utilities are owed?

Build a plan before it is needed.

  • Nathan Gesner
business profile image
The DIY Landlord
4.7 stars
151 Reviews

User Stats

41,961
Posts
61,769
Votes
Jay Hinrichs
Professional Services
Pro Member
#4 All Forums Contributor
  • Lender
  • Lake Oswego OR Summerlin, NV
61,769
Votes |
41,961
Posts
Jay Hinrichs
Professional Services
Pro Member
#4 All Forums Contributor
  • Lender
  • Lake Oswego OR Summerlin, NV
Replied

little off subject.. but we have a rehabber house in the mid west.. that we sent a wholesaler to look at.

I did not know there was a basement.. they found it and what did they find down there but a corpse.. 

long dead.. they called the cops.. cops or coroner has never contacted me so I suppose they just removed the remains.

I will send the next wholesaler who contacts me over there for a price.. they can be good bird dogs.. 

business profile image
JLH Capital Partners
0.0 star
0 Reviews

User Stats

3,137
Posts
2,176
Votes
Caleb Brown
Agent
Pro Member
#4 Buying & Selling Real Estate Contributor
  • Real Estate Agent
  • Blue Springs
2,176
Votes |
3,137
Posts
Caleb Brown
Agent
Pro Member
#4 Buying & Selling Real Estate Contributor
  • Real Estate Agent
  • Blue Springs
Replied

Just leaving a comment here, curious on peoples replies :)

  • Caleb Brown
Steadily logo
Steadily
|
Sponsored
America’s best-rated landlord insurance nationwide Quotes online in minutes. Single-family, fix n’ flips, short-term rentals, and more. Great prices.

User Stats

1,132
Posts
1,190
Votes
CJ M.
  • Rental Property Investor
  • Canton, OH
1,190
Votes |
1,132
Posts
CJ M.
  • Rental Property Investor
  • Canton, OH
Replied

@Nathan G.

Great reminde! I had my first tenant pass away in October. Are there any resources you would recommend to folks on how to plan for these unfortunate situations?

User Stats

2,668
Posts
1,746
Votes
Ian Walsh
Lender
  • Lender
  • Philadelphia, PA
1,746
Votes |
2,668
Posts
Ian Walsh
Lender
  • Lender
  • Philadelphia, PA
Replied

So you want to be a landlord...

  • Ian Walsh

User Stats

27,368
Posts
40,274
Votes
Nathan Gesner
Property Manager
Agent
Pro Member
  • Real Estate Broker
  • Cody, WY
40,274
Votes |
27,368
Posts
Nathan Gesner
Property Manager
Agent
Pro Member
  • Real Estate Broker
  • Cody, WY
ModeratorReplied

I'm not aware of any resource and haven't even built one myself. Every time a renter dies, I think about creating a written policy. Then I get busy and figure it's not that big a priority because it doesn't happen very often. Two months later, here I am.

I'll start one today and will try to share it when done.

  • Nathan Gesner
business profile image
The DIY Landlord
4.7 stars
151 Reviews

User Stats

94
Posts
161
Votes
Brett McManus
  • Minneapolis, MN
161
Votes |
94
Posts
Brett McManus
  • Minneapolis, MN
Replied

My father is dealing with this now on a mixed use property where he found one of his lawyer tenant's who had passed away at the desk (reinforcing why I need real-estate in my life). 

Fortunately dad was able to contact a partnering lawyer to deliver the news to the family who kicked-off proceedings which is turning out to be a 3-month long process. We are currently working through what our game plan will be going forward should this happen again. All ears to the experience you all have to share, otherwise I can circle back on what we come up with. 

User Stats

1,731
Posts
1,863
Votes
Filipe Pereira
  • Property Manager
  • Windsor Locks, CT
1,863
Votes |
1,731
Posts
Filipe Pereira
  • Property Manager
  • Windsor Locks, CT
Replied

You should call the emergency contact that you collected as a part of your tenant application process. If it was an inherited tenant, they should have submitted this information as a part of their on boarding process, ESPECIALLY for tenants who live alone. 

Owed utilities / rent comes out of the security deposit if there is one. 

It probably comes down to situation by situation but most tenants will probably not have an estate that you can collect from. This subject sucks, but like anything else, compassionate but firm is probably the way to sort through it all. Mourning takes time so to not be abrasive is to be smart, but it's a fine line that has to be walked, no doubt. 

User Stats

102
Posts
48
Votes
Deniz Eker
Pro Member
  • Philadelphia, PA
48
Votes |
102
Posts
Deniz Eker
Pro Member
  • Philadelphia, PA
Replied
Originally posted by @Ian Walsh:

So you want to be a landlord...

 It will be fun they said...

  • Deniz Eker
  • User Stats

    5,439
    Posts
    13,733
    Votes
    Jim K.#3 Investor Mindset Contributor
    • Handyman
    • Pittsburgh, PA
    13,733
    Votes |
    5,439
    Posts
    Jim K.#3 Investor Mindset Contributor
    • Handyman
    • Pittsburgh, PA
    Replied

    Nothing puts the passive in "passive income" like a dead body...

    User Stats

    254
    Posts
    228
    Votes
    Noah Chappell
    • Investor
    • Minneapolis, MN
    228
    Votes |
    254
    Posts
    Noah Chappell
    • Investor
    • Minneapolis, MN
    Replied

    @Nathan Gesner I just went through my first experience with this as well in October. It was a section 8 tenant who died of an overdose. Quite tragic really, kids involved, etc. I think situations such as this underline how important it is to have a good property manager on your team. With a simple "we'll handle it" my unit was turned over and is now listed again in about a month. If not for my prop manager, this would have been a really challenge, but could have left such a bad taste in my mouth that it would have been hard to continue.. things are tough enough as it is right now. 

    User Stats

    4,980
    Posts
    5,042
    Votes
    Scott Mac
    • Austin, TX
    5,042
    Votes |
    4,980
    Posts
    Scott Mac
    • Austin, TX
    Replied
    Originally posted by @Nathan Gesner:

    I received a call from concerned neighbors. This Tenant normally goes for walks every day. Nobody has seen him for three days, his lights are on, and his truck has not moved. I go over for a welfare check and find him face down in his workout room. It appears he was working out with dumbbells and just dropped dead. He was 77 years old and a very happy, active guy.

    The point of this post is to remind everyone to have a plan in case a renter is deceased or even incarcerated. This is my second renter to die in two months and the sixth one in two years. Who do you call? Who should you allow into the rental to remove belongings? What do you do if rent or utilities are owed?

    Build a plan before it is needed.

    Hi Nathan,

    Dropped dead mid workout--must have been his time.

    Call the Sheriff and let them know the situation. They will probably send a couple of officers over.

    Be ready to accept custody (vs. ownership) of any firearms (or they may do that).

    Look for any pets and either adopt them yourself or call a No Kill Shelter: 

    https://www.nokillnetwork.org/d/Wyoming/PCAS--Park-County-Animal-Shelter-(Cody)~9915/

    Look for liter boxes, doggie doors, pet bowls, pet toys...Pets hide in closets and under beds. If they perish inside the smell is Horrific, plus it's just the right thing to do.

    If the pets will be there for more than a few hours, make sure they have enough food and water to wait it out.

    A box of Purina at the 7-11 is a couple of bucks, and a big bowl of water.

    Call the emergency contact number on the rental agreement and let them know what's going on.

    Put the food in the fridge and freezer in a garbage bag (if power goes off--it rots).

    Vehicles, ask the Sheriff, and try to get the keys (unless they "Custody" them).

    Will the relatives pay the rent--I doubt it.

    Say a prayer for the deceased.

    Good Luck!

    User Stats

    8,333
    Posts
    4,344
    Votes
    Colleen F.
    Pro Member
    • Investor
    • Narragansett, RI
    4,344
    Votes |
    8,333
    Posts
    Colleen F.
    Pro Member
    • Investor
    • Narragansett, RI
    Replied

    A good point to remember.  I have emergency contacts for my tenants but when I tried to renew them at the start of Covid I  had some push back. I specifically had the form written up to authorize entry by x person in the case of incapacitation/ death and some  mostly younger tenants didn't want to sign. My regular form just lists emergency contact without signature.  I didn't push those individuals but do wonder if other people have tenants sign or just list a contact.

    CLOSED Title logo
    CLOSED Title
    |
    Sponsored
    CLOSED Title is the Investor Friendly Title Company CLOSED Title, founded by real estate investors. Double closings, assignments, we do it all.

    User Stats

    339
    Posts
    356
    Votes
    Replied

    Had this happen multiple times . Kinda sucks but you get the next of kin to sign off on the lease and throw out their stuff that’s left ASAP so you can re rent as quick as possible . Seems It’s always the unit that needs a lot of work too ! I have it right in my lease .no dying permitted and if you do I keep the deposit

    User Stats

    2,481
    Posts
    4,212
    Votes
    Jill F.
    • Investor
    • Akron, OH
    4,212
    Votes |
    2,481
    Posts
    Jill F.
    • Investor
    • Akron, OH
    Replied
    Oh geez, Thanks for the reminder-- that's been on my list too since we had a young man OD in our first year. We do collect emergency contact information but because we have been busy buying for the last 4 years we still have many tenants where we don't have adequate info.

    User Stats

    3,964
    Posts
    5,137
    Votes
    James Hamling
    Agent
    #2 Off Topic Contributor
    • Real Estate Broker
    • Minneapolis, MN
    5,137
    Votes |
    3,964
    Posts
    James Hamling
    Agent
    #2 Off Topic Contributor
    • Real Estate Broker
    • Minneapolis, MN
    Replied

    Oh just wait for that 1 who had like 17 cat's, and nobody figures it out or checks for like 6 or 7 weeks.... Yeah. Oh, and what smells worse then cat urine on a hot day, I wish I never had found out........

    • James Hamling
    business profile image
    The REI REALTOR®
    5.0 stars
    7 Reviews

    User Stats

    1,556
    Posts
    1,454
    Votes
    Denise Evans
    • JD, CCIM , Real Estate Broker
    • Tuscaloosa, AL
    1,454
    Votes |
    1,556
    Posts
    Denise Evans
    • JD, CCIM , Real Estate Broker
    • Tuscaloosa, AL
    Replied

    @Nathan Gesner, my leases have a clause that tenant completes with the names of two people who can be given the keys if the tenant dies, or is incarcerated, hospitalized and simply missing for more than 14 days. Those persons are also given authority to declare the premises abandoned on behalf of the tenant, or the tenant's estate.  Usually one of the two people cleans out the premises so they can be turned over and rented to someone else.  If that is not a possibility (because stuck with older lease forms) then legally all you can do is wait for probate to be opened or wait until the next month's rent is unpaid and proceed with eviction. That is usually a quasi in rem proceeding that does not require personal service.

    User Stats

    27,368
    Posts
    40,274
    Votes
    Nathan Gesner
    Property Manager
    Agent
    Pro Member
    • Real Estate Broker
    • Cody, WY
    40,274
    Votes |
    27,368
    Posts
    Nathan Gesner
    Property Manager
    Agent
    Pro Member
    • Real Estate Broker
    • Cody, WY
    ModeratorReplied

    It's not that easy. If a Tenant dies without a will and you start letting people take things, you open yourself to a lot of liability. You have no legal authority to determine who gets what. Have you seen the way relatives fight over possessions? It's absolute insanity, even if the person doesn't have much.

    i collect a name they authorize to handle their estate in the case of death, incapacitation, or incarceration. My attorney said it's good enough to protect me, but I still look for a will and try to contact relatives before doing anything.

    • Nathan Gesner
    business profile image
    The DIY Landlord
    4.7 stars
    151 Reviews

    User Stats

    2,157
    Posts
    2,606
    Votes
    John Morgan
    Pro Member
    • Rental Property Investor
    • Grand Prairie, TX
    2,606
    Votes |
    2,157
    Posts
    John Morgan
    Pro Member
    • Rental Property Investor
    • Grand Prairie, TX
    Replied

    I have a boat load of peeps jammed in almost all my properties, so I think I’m good without emergency contact numbers in case someone bites the dust. Lol

  • John Morgan
  • User Stats

    102
    Posts
    103
    Votes
    Brett Lee
    • Flipper/Rehabber
    103
    Votes |
    102
    Posts
    Brett Lee
    • Flipper/Rehabber
    Replied

    @Nathan G.

    Sixth tenant death in 2 years. Yikes I am not renting from you lol 😉

    Tough subject but it is a reality. Having good emergency contacts etc just in case...

    User Stats

    83
    Posts
    54
    Votes
    Collin Bryston Adams
    • Rental Property Investor
    • Dallas, TX (dallas texas)
    54
    Votes |
    83
    Posts
    Collin Bryston Adams
    • Rental Property Investor
    • Dallas, TX (dallas texas)
    Replied

    @Nathan G. I’m alarmed how common this seems to be. I’ve started hearing a lot about this recently and it’s never even crossed my mind of a situation like this.

    I’ll go a full month with out talking to my tenants except a simple “what time can I pick up rent?” text!!

    User Stats

    3,975
    Posts
    3,352
    Votes
    Pat L.
    • Rental Property Investor
    • Upstate, NY
    3,352
    Votes |
    3,975
    Posts
    Pat L.
    • Rental Property Investor
    • Upstate, NY
    Replied

    "...My father is dealing with this now on a mixed use property where he found one of his lawyer tenant's who had passed away at the desk (reinforcing why I need real-estate in my life)...."

    I bet that Lawyer didn't say he wished he spent more time at his desk working than living !!! We have so many friends who work way too long for so little in life. In fact my sons 61 yr old FIL is working 8+ hours a day in an unfinished basement while supposedly up here visiting (for the 2nd time in 18 months) to be with his own siblings & many grandchildren, nieces & nephews ??? Priorities !!!

    We've only had a couple of tenants who died once in hospital & only one that was critical & had to be removed by EMT's. Her adult kids in the adjoining unit left her in very poor health to take care of their several large dogs etc & left with their own kids for a 2 month vacation. She was on oxygen, frail & 78, she collapsed & was found barely alive by her sister. She never recovered.

    User Stats

    486
    Posts
    303
    Votes
    Jaquetta T Ragland
    • Real Estate Agent
    • Winston Salem, NC
    303
    Votes |
    486
    Posts
    Jaquetta T Ragland
    • Real Estate Agent
    • Winston Salem, NC
    Replied

    @Nathan G. Just want to say sorry you had to experience that and thanks for the tips.

    BiggerPockets logo
    BiggerPockets
    |
    Sponsored
    Find an investor-friendly agent in your market TODAY Get matched with our network of trusted, local, investor friendly agents in under 2 minutes

    User Stats

    27,368
    Posts
    40,274
    Votes
    Nathan Gesner
    Property Manager
    Agent
    Pro Member
    • Real Estate Broker
    • Cody, WY
    40,274
    Votes |
    27,368
    Posts
    Nathan Gesner
    Property Manager
    Agent
    Pro Member
    • Real Estate Broker
    • Cody, WY
    ModeratorReplied
    Originally posted by @Brett Lee:

    @Nathan G.Sixth tenant death in 2 years. Yikes I am not renting from you lol 😉

    But I manage nearly 400 so it's not bad. Three of these renters were 70+ and had lived in the same rental for nearly 20 years.

    • Nathan Gesner
    business profile image
    The DIY Landlord
    4.7 stars
    151 Reviews

    User Stats

    1,830
    Posts
    3,390
    Votes
    Bill F.
    • Investor
    • Boston, MA
    3,390
    Votes |
    1,830
    Posts
    Bill F.
    • Investor
    • Boston, MA
    Replied
    Originally posted by @Jim K.:

    Nothing puts the passive in "passive income" like a dead body...

     I'm waiting for someone from that thread on charging 20+ applicants a fee to generate more revenue to start advocating, in all seriousness, for making auto pay mandatory so that if this happens they can get more income. 

    User Stats

    2,077
    Posts
    1,013
    Votes
    Peter Mckernan
    Agent
    Pro Member
    #1 Rehabbing & House Flipping Contributor
    • Residential Real Estate Agent
    • Irvine, CA
    1,013
    Votes |
    2,077
    Posts
    Peter Mckernan
    Agent
    Pro Member
    #1 Rehabbing & House Flipping Contributor
    • Residential Real Estate Agent
    • Irvine, CA
    Replied

    @Nathan Gesner Sorry to hear that. Yes, call the police, they dispatch the fire department, and then the coroner. That investigation will take about 4-6 hours as they make sure all is good on cause of death. The coroner will remove the body, and then I would work with PD to find family for information/removal of all belongings. 

    • Peter Mckernan
    business profile image
    The McKernan Group
    5.0 stars
    32 Reviews