What Happens When a Tenant Dies in the Rental Property?

Til death do you part?

Not typically words landlords include in their lease agreements, but certainly, something to consider for any landlord planning on being in the residential rental business for a while.

Most landlords probably take for granted their tenants will remain in the home for as long as they both agree to do so, what happens when a tenant kicks the bucket with no other tenants on the lease? Either by natural causes or by some act of violence, the death of a tenant is the one thing neither the tenant nor the landlord has any control over (assuming the landlord is not the cause of death, of course).

When a tenant dies while under an active lease and leaves no surviving adult tenants, landlords’ will likely incur serious expenses; and if not done correctly, those expenses can add up quickly.

Landlords must consider expenses like cleanup, especially in cases where there was any sort of violence (either by homicide or suicide). This is not your usual “maid brigade” cleaning job for a move-out or move-in cleaning. This job will usually require the expertise of a professional restoration company. Landlords should be careful not to cut corners here as doing so could result in a potential lawsuit later. Landlords should contact their insurance companies to find out if the damage/cleanup is covered under their insurance policy. Experts say landlords should consider hiring professionals to clean up after a tenant expires in the home, even when there has been no foul play.

The sudden unexpected death of a tenant can also leave a landlord holding the bag for the rent for months at a time while family members make the funeral, probate and other related arrangements to move the tenants’ belongings from the home. Most tenants and landlords are under the assumption that when a tenant expires, the lease automatically ends, however that is not the case in many states. In Maryland, for example, when a tenant passes away, that tenant’s estate can be held liable for rent owed throughout the lease. Of course, landlords can choose to not hold the estate responsible to minimize any potential harm or inconvenience to the family.

There is a good reason why rental applications include emergency contact information for the tenants. It can also be included directly in the lease agreement, but where this information is collected matters much less than the fact that it is collected and kept in a safe place. Experts say often a lot of time is lost attempting to contact relatives of the deceased tenant because the emergency contact information was not collected at the beginning of the lease. For liability reasons, only the person(s) named on the tenant’s emergency contact information should be allowed to remove the tenant’s belongings unless the tenant has an estate executor who is different from the emergency contact person.

On occasion, a tenant will have no known relatives and no executor. When this situation occurs, landlords are charged with dealing with the courts for a determination on what to do with tenants’ possessions. Landlords are advised never to remove tenant’s belongings on their own without a court order to do so, and should check their local and state laws on the removal of tenant’s belongings to ensure compliance. Some states, such as Alabama, require eviction proceedings seven days after tenant’s death if no rent has been paid by an executor.

Inevitably other tenants will hear of the death of a fellow tenant in a multiple-dwelling unit. Before that happens, it would be wise for landlords to have a brief meeting or send a brief letter to tenants informing them of the death and the fact that everything has been handled properly and in accordance with state or province laws. Landlords should also be open to further tenant questions without compromising the deceased tenants’ privacy.

Surprisingly to some, the death of a prior tenant in the property is not necessarily a “material fact” that must be disclosed to prospective tenants unless the death was related somehow to the condition of the property. Even then, if the situation has been remedied, there is no need to disclose it unless the landlord so chooses. Landlords are cautioned, however, that in a multi-dwelling situation, other tenants will be aware and likely to share the information with new tenants. Having to hear about the death of a prior resident from another tenant rather than from the landlord might not sit well with a new tenant. Landlords may want to seriously consider simply divulging this information at the onset. Again, this is an area where landlords will want to learn what their local and state laws require.

It should go without saying that the unit should be kept locked until all of the tenant’s belongings are out and the property has been thoroughly cleaned. We hope it answers your question concerning if a tenant dies what happens to belongings.

Of course, while last mentioned here, the very first call should be made to the police before anything is touched in the property, removed, etc. Even when a tenant has died of natural causes, the police should be left to search and secure the area without any potential evidence being compromised by the landlord’s involvement.

Tell us about your experiences. Have you ever had a tenant pass while living in one of your rentals? Can you think of some ways to handle a tenant’s death not covered in this article?