Death of Tenant During Lease Term

Especially with the opioid epidemic, and attendant overdosing, it is not at all uncommon to have a tenant who dies during the lease term.  

Unless a state has specific laws to cover this (which most do not), then a landlord has very few options. They boil down to: (1) lock up the premises and deny access to everyone except a court-appointed estate administrator and/or (2) wait until the next month's rent is in default and go through a formal eviction and turnout. Under no circumstances can you simply give the keys to the first relative who says they want to clean the property out for you.  Most tenants do not have an estate large enough to justify the expense of opening probate. That leaves waiting for rent default, and then going through eviction.

But, of course, you usually just give the keys to the first relative you can find, and nothing bad happens. That's okay. Until that time you guess wrong, the relatives have a falling out over a worthless something or other with sentimental value, and you get sued in the crossfire.

The SIMPLE solution is to add a clause to your lease form, or add an addendum if you don't like changing the lease itself. It should say something like, "In the event of my death, incapacity, incarceration or mysterious disappearance extending more than fourteen days, any of the following named persons may be given access to the lease premises by Landlord: ________________. Tenant for itself, and its heirs and representatives, forever releases the Landlord from liability for any actions or inactions of said persons."

For existing tenants, make it a separate document to attach to the lease.

This will help avoid a lot of problems.