Skip to content
General Landlording & Rental Properties

User Stats

1
Posts
0
Votes
Ann Choe
0
Votes |
1
Posts

Tenant passed away..

Ann Choe
Posted Jun 6 2022, 12:13

This elderly tenant signed the lease for one year. Paid first and last month rent. Started to move some boxes and light furniture in the next 2 days. On the 3'rd day, I received a phone call from her daughter who reports her mom suddenly passed away. She has never actually moved in physically herself and never slept in our apartment. Eventually her daughter removed the boxes and the furniture out and the apartment is empty now. In this case, what are we supposed to do with the rent money (first and last) we received from the tenant? Your helpful advice will be greatly appreciated.

User Stats

37
Posts
11
Votes
Replied Jun 6 2022, 12:19

I would take the hit and return all monies. 

User Stats

1,917
Posts
4,637
Votes
Greg M.#4 General Landlording & Rental Properties Contributor
  • Rental Property Investor
  • Los Angeles, CA
4,637
Votes |
1,917
Posts
Greg M.#4 General Landlording & Rental Properties Contributor
  • Rental Property Investor
  • Los Angeles, CA
Replied Jun 6 2022, 12:33

Legally: Look up your local laws. Depending on area, the lease may continue with the estate liable, it might end on date of death, or end of month, or in 30 days. 

Morally: That's up to you. Depending on how long it took to find this tenant, I might refund 100% or I might keep something to cover my costs. The situation sucks, but if I turned away qualified tenants and now am out relisting costs and two months rent, I'm not sure I should eat that cost. If it's just a matter of calling up a prior applicant and losing a week or two of rent, I'd probably let it go.

BiggerPockets logo
Find, Vet and Invest in Syndications
|
BiggerPockets
PassivePockets will help you find sponsors, evaluate deals, and learn how to invest with confidence.

User Stats

365
Posts
221
Votes
David P.
221
Votes |
365
Posts
Replied Jun 6 2022, 13:07

I would return it if the daughter ask about it. They probably need money for funeral expenses and its a time for giving in that situation.  

User Stats

2,325
Posts
1,043
Votes
Michele Fischer
Pro Member
  • Rental Property Investor
  • Seattle, WA
1,043
Votes |
2,325
Posts
Michele Fischer
Pro Member
  • Rental Property Investor
  • Seattle, WA
Replied Jun 6 2022, 16:55

I would prorate the rent for the time her belongings were there and return the rest of the funds to the estate and move on.  It sounds like you got off pretty easy, count your blessings that the place didn't sit empty longer, and expect to not be made completely whole.

User Stats

579
Posts
520
Votes
Rodney Sums
  • Laveen, AZ
520
Votes |
579
Posts
Rodney Sums
  • Laveen, AZ
Replied Jun 6 2022, 17:39
Quote from @Ann Choe:

This elderly tenant signed the lease for one year. Paid first and last month rent. Started to move some boxes and light furniture in the next 2 days. On the 3'rd day, I received a phone call from her daughter who reports her mom suddenly passed away. She has never actually moved in physically herself and never slept in our apartment. Eventually her daughter removed the boxes and the furniture out and the apartment is empty now. In this case, what are we supposed to do with the rent money (first and last) we received from the tenant? Your helpful advice will be greatly appreciated.

  If the daughter emptied it, returned the apartment in the same condition, and gives keys up promptly you'll feel better about the situation letting them have the rent and deposits back.  I understand for you it probably sucks because there's a financial loss for you taking it off the market, listing it again, and the vacancy costs.  

If someone you loved died I'm sure you'd home for some sympathy and it was only three days.  The landlord gods will look upon you favorably :-)

User Stats

25,069
Posts
37,363
Votes
Nathan Gesner
  • Real Estate Broker
  • Cody, WY
37,363
Votes |
25,069
Posts
Nathan Gesner
  • Real Estate Broker
  • Cody, WY
ModeratorReplied Jun 7 2022, 04:55
Quote from @Ann Choe:

This elderly tenant signed the lease for one year. Paid first and last month rent. Started to move some boxes and light furniture in the next 2 days. On the 3'rd day, I received a phone call from her daughter who reports her mom suddenly passed away. She has never actually moved in physically herself and never slept in our apartment. Eventually her daughter removed the boxes and the furniture out and the apartment is empty now. In this case, what are we supposed to do with the rent money (first and last) we received from the tenant? Your helpful advice will be greatly appreciated.


Legally, you can keep the money up until a new tenant takes over. As a kind human, I would probably refund everything and just focus on getting it rented as quickly as possible.

  • Property Manager Wyoming (#12599)

American West Realty & Management Logo