Tenant died, what I need to do with his deposit?

Question

Hi, tenant is the only one on the lease. I am not sure what I need to do with his deposit. His sister called and asked for deposit. Any help please.

Nathan Brown · Answer

My recommendation: don't give access to any security deposits or personal property until someone gives you a court order appointing that person as the personal representative of the estate. The last thing you want is to let someone walk away with everything only to have the rightful heir/executor come knocking. In Arizona, we have a law that permits the landlord to request the name, address and phone number of the person the tenant pre-authorizes to enter the rental property and remove the tenant's personal property if the tenant dies during tenancy (we add this clause in our standard lease).  It completely releases us from any and all liability. This may be too late for you today, but see if your state has anything similar you could add to your next lease.

John McKee · Answer

I think in future leases the language should state that the deposit be forfeited upon death.  The reason being is that you did not get the proper notice!  You might even have a case currently as you need to cover your expenses for the rest of the month.

Justin Donnarumma · Answer

I've had this happen twice. Both times I worked with the children on removing items and working with them the same way I would have with any other tenant moving out.

Jake Handler · Answer

Definitely sounds like a scenario where an attorney should get involved at least for guidance.  We are in the same area... feel free to message me for recommendations.

Ned J. · Answer

I would seek out the executor of the will....don't wait. If you just lay low and do nothing, it may give the image that you are illegally keeping the $$ and hoping no one asks for it

As pointed out..... get legal proof of who the $$ goes to.... don't just hand it over to some random relative

Hanna Minkin · Answer

Thank you. Sister cleaned the apartment and it passed the inspection. Do I just wait until executor of will contact me? The person wasn't rich.

Theresa Harris · Answer

I'd talk to an attorney.  It should go to whoever is the executor of the will.  You also have to find out who is going to take his belongings. Do not return anything until a) the unit is cleared out by the proper person and b) you do an inspection of the property.

Zane Cress · Answer

I would assume this goes to whoever is executing the will. But I think you still have the right to use whatever part of the deposit you need to fix any damages that the property has. Might depend on tenant rights from state to state?

Tenant died, what I need to do with his deposit?

Most Popular Reply