My Tenant Died, what to do?

Question

Hello fellow BPers,

One of my tenant died a few days ago.   They were 4 months behind in rent and the apartment is a mess with trash, old food and body fluids.

I would like the back rent and I will need professionals to clean up.   I don't want to be an asshole but I have been set back a few thousands by this ordeal.

My questions are

Has anyone dealt with this type of thing? any recommendations?

Is it worth it to put a lien against his estate?

I have met some of his family and I don't have confidence that they will come to clean the apartment. At what point could I clear out the apartment and throw away everything without waiting for the family?

Nathan Gesner · Answer

I had six tenants die between November 2020 and March of this year. Crazy.

You should try to determine if someone in the family is able/willing to take responsibility. If they refuse or are unwilling, see if they will give you permission to dispose of the belongings so you can get the rental back on the market. At a minimum, you want them to give you written permission to clear it out. If you can't reach the family, check state law to see when you can determine the property "abandoned" and then get it out. There's probably nothing of value so there's little risk of someone suing you for throwing out junk.

As for the unpaid rent, you may have to write it off. Contact your housing authority and see if they can point you to any resources. There are programs available for collecting unpaid rent, but they require the tenant's cooperation. Yours is dead and can't cooperate. However, there may be some caveat that allows you to file along with proof of death and at least collect a portion of the unpaid rent.

Christen G. · Answer

This sounds like a job for @Nathan G.

Greg M. · Answer

You need to check you state laws. In some states the lease automatically ends with the death of a tenant, but in others it continues and the estate is liable for the rent.

If the lease terminated, contact whoever is handling the estate and arrange the removal of the items. Get the unit professionally cleaned and submit the bill including all other monies owed to the estate.

If there was a security deposit, make sure to send notice to the estate as to what deductions were made. Might sound stupid since they owed so much back rent, but in many places failure to send notice of deductions can not only void those deductions, but you could end up owing money to the estate for the security deposit and additional damages.

Nathan Gesner · Answer

My lease includes a request for them to provide the name of a person they authorize to handle the rental in case if death. I include that same request in my lease renewal so they can update it each year. It's not perfect, but it gives me a place to start.

I checked with my attorney and he felt it was sufficient to protect me. you may want to do the same.

Blake Park · Answer

It all depends on if you think it is worth it. Most of the time if they are that far behind in rent then I would guess they don't have much in the estate, which in that case it wouldn't be worth your time. however, I had someone pass and I contacted a family member and they covered some of that. Though that is definitely unfortunate, sorry to hear that happened.

Richard Weinberg · Answer

@Nathan G.

Thanks for sharing this thread. I seem to have attracted several senior tenants and they are all nice people and good tenants. I am also a senior and thought more about my mortality than theirs but that’s life. Recently one of my senior tenants mentioned she did not plan to move but hoped to stay healthy and stay for 8 or 10 years. Is there a suggested plan for best landlord practices like increasing deposits, gathering next of kin, emergency contact info or or adding some language to the lease to make the inevitable easier on all involved and yet stay totally federal equal housing and local law compliant?

Thanks for sharing!

Dell J. · Answer

Wow. This is so frustrating. The family is no longer being responsive.    I spoke with a lawyer but they recommended that I get the family to cooperative and to file paperwork with the probate office.  The Legal folks said the contents of the apartment may need to go through probate. If thats the case, im really screwed because probate takes forever.

Everyone warns me not to touch the apartment.     I dont care about the back rent at this point or the cost that will be needed to clean. The laws on abandonment seem to be another drawn out process.

Should I start an eviction process, even though the tenant is dead? It seems like the only means for me to get stuff moving.

I dont see what IM suppose to do to move forward.

Dell J. · Answer

Thank you all for your responses. You have helped me a lot.  It seems as if I may need to forgo the back rent.   I just want this ordeal behind me.   This guy was real old when he rented from me.  Im thinking in the future I will be practicing age discrimination.

My Tenant Died, what to do?

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