Death of a Tenant: Preparation
Investor · Vancouver, WA · Member since 2013 · 3k+ posts · 4k+ votes
What do you do when a tenant dies on your property? Or dies elsewhere and never returns to your property? Especially when they live alone. In an effort to be proactive, I'm trying to think through scenarios and set some procedures in place. I'd like to hear about your experiences and thoughts. Thank you.
I've had two: a death from natural causes/health issues of an elderly tenant, and a suicide. In neither case did I find the deceased. Here are some comments on each:
Natural causes: The sister informed me, and coordinated the clean out. The family signed a release of the premises. They had the whole place cleaned out within a few days after the tenant's passing. My attorney advised me to go through with an eviction, however, I chose to take the chance there would be no repercussions from the family, based on my conversations with them, and their very responsible communication and actions. I did a minor remodel to remove any stigma attached to the unit.
Suicide: the son called me to gain permission to break into the unit because he was worried about not hearing from his father. It was late at night. The police were with him, and they did very little damage, no kicking the door down. Once the police notified me of the circumstances (tenant shot himself in the head) they told me I should call the detective the next day, and then employ a bio-hazard removal service (It was a during a 95 degree heat wave with all the windows locked, and the tenant wasn't found for 3 days). Once the police released the unit, I located a hazard removal service - they are easy to find online, search for suicide or murder clean up. The nature of the business is they respond extremely quickly and travel long distances. I chose a local company, and they were very sensitive working with the family and completely removed all contaminated material. My insurance covered the entire service after deductible, and since the tenant had tenant insurance, they filed with the tenant's insurance company and retrieved my deductible from them. Again, my attorney advised to go through with the eviction, but again I chose to take the chance based on the family's actions, and sign off of the unit. I did an extensive remodel, and the bio-hazard unit had already removed chunks of antique pine floor and walls. My carpenter matched the best he could, and my insurance company paid for the portion of replacing what was damaged. I paid for the rest of the remodel, since the unit was old and very dated, so it was time to just redo the whole thing. It was probably 8 years ago, and when I advertise the unit, I still get calls asking if this is the building with the suicide. I answer honestly, but haven't really had trouble, because the unit is really cute with the remodel. It's a small town, and people have long memories of things like that. So I just deal with it.
To summarize, they attorney said to go through with the eviction in both cases, and in both cases I took a chance and didn't do it, just got signoffs. It worked out, thankfully. If the family appears to be not responsible, or there are significant other issues, I'd do the entire eviction.
When I had a death in a unit, if you discover it, get out and call the police and an ambulance. The police need to ensure there was no foul play.
Ask the hospital if notice has been given to the family or the police department.
I wait a day after notice before contacting the family or point of contact on the lease or agreement you have. I don't want to be giving family the notice of death, waiting gets past the shock aspect. Coordinate the lean out, the family needs to arrange that.
If there is no family, the contents must be held and stored according to state law. You need to inventory the items and contact the administrator (county office) of the contents and location as they settle the estate. If there `was a will, contact the executor of the estate. You may or may not be able to charge for administration in coordinating all this, you can usually include clean up costs, moving and storage expenses.
When the unit is empty, we have a bio-cleaning company here who cleans the area, there may be bio hazards and you may be required by law to have the unit or immediate death are professionally cleaned. Again, the charge goes to the estate. The cleaners may come in before furniture (bed) is removed.
When leasing to elderly persons you need a point of contact. Call that POC to verify their relationship and ensure they know they are the contact person and that they are willing to do so. I've had contacts out of state who say they aren't in a position to perform duties and to contact another party locally. Do so soon in the lease as you may not reach some contacts for several days. If they travel, as older folks may do, you can make arrangements for emergency contacts.
Not a pleasant duty, but it happens.
I don't recall seeing this ever being discussed on BP, great post! :)
I've had two: a death from natural causes/health issues of an elderly tenant, and a suicide. In neither case did I find the deceased. Here are some comments on each:
Natural causes: The sister informed me, and coordinated the clean out. The family signed a release of the premises. They had the whole place cleaned out within a few days after the tenant's passing. My attorney advised me to go through with an eviction, however, I chose to take the chance there would be no repercussions from the family, based on my conversations with them, and their very responsible communication and actions. I did a minor remodel to remove any stigma attached to the unit.
Suicide: the son called me to gain permission to break into the unit because he was worried about not hearing from his father. It was late at night. The police were with him, and they did very little damage, no kicking the door down. Once the police notified me of the circumstances (tenant shot himself in the head) they told me I should call the detective the next day, and then employ a bio-hazard removal service (It was a during a 95 degree heat wave with all the windows locked, and the tenant wasn't found for 3 days). Once the police released the unit, I located a hazard removal service - they are easy to find online, search for suicide or murder clean up. The nature of the business is they respond extremely quickly and travel long distances. I chose a local company, and they were very sensitive working with the family and completely removed all contaminated material. My insurance covered the entire service after deductible, and since the tenant had tenant insurance, they filed with the tenant's insurance company and retrieved my deductible from them. Again, my attorney advised to go through with the eviction, but again I chose to take the chance based on the family's actions, and sign off of the unit. I did an extensive remodel, and the bio-hazard unit had already removed chunks of antique pine floor and walls. My carpenter matched the best he could, and my insurance company paid for the portion of replacing what was damaged. I paid for the rest of the remodel, since the unit was old and very dated, so it was time to just redo the whole thing. It was probably 8 years ago, and when I advertise the unit, I still get calls asking if this is the building with the suicide. I answer honestly, but haven't really had trouble, because the unit is really cute with the remodel. It's a small town, and people have long memories of things like that. So I just deal with it.
To summarize, they attorney said to go through with the eviction in both cases, and in both cases I took a chance and didn't do it, just got signoffs. It worked out, thankfully. If the family appears to be not responsible, or there are significant other issues, I'd do the entire eviction.
This is kind of a mini-hijack. One of my property management customers manages a property a person died in. From a heart attack I believe. An Indian family owns the place and were going to move back into it, they had moved out of the area for a job and were moving back. The lady had some reservations due to religion about moving back in. But since they hadn't died violently it would be ok.
If we are renting to just one adult, we add a clause to the agreement asking them to add a contact to make decisions about their tenancy if they can't. I'm not sure if it would hold up in court or not, but sets expectations and hopefully lets us move towards rerenting faster.
Good idea, @Michele Fischer , it also gives you a way to find them if they skip. :-), which has nothing to do with the topic, but is an added benefit of the clause, even if it wouldn't hold up in court.
I always get an emergency contact from every tenant. Even if I'm taking a tenant to court for non payment and can't get a hold of them, I call the emergency contact.
I've never had a tenant die, but my accountant did. I can tell you the wrong way to handle it. He had several calls from neighboring tenants on a hot day in August of a foul smell coming from an apartment. When he couldn't contact the tenant by phone, he sent his worker over. When the worker entered the living room, there was a body on the couch that was dead and bloated. Apparently, this genius wasn't sure that the person was dead and poked him. That's when part of him burst. The entire living room had to be gutted to the studs and cost thousands to repair.
I once had a tenant that I thought might be dead in the house, but after calling the police, they told me that an ambulance had taken her to the hospital.
Great topic, I hadn't even considered death contingencies or adding a next of kin line to my leases. Thanks for asking and sharing.
I appreciate all of the comments. The hazmat part of it had not occurred to me. Wow! Why did the attorney recommend doing an eviction? If the person listed as a tenant's emergency contact does not have legal authority to address the disposition of the body or the tenant belongings, what next? Have you heard of people looting an apartment after a death? Family members taking what they want at will? I understand I would first need to call the police/sheriff, let the authorities do their part, and secure the property. Notifying next of kin seems to be within the role of the police/sheriff. What falls within my role as landlord? What else?
The attorney suggested an eviction to the estate since the tenants rights are an inheritable right of heirs. Generally, unless family lives there they will abandon those rights.
I suggest everyone considers the issue as well as incapacitation if any tenant ends up in a hospital in a coma or won't return.
Anyone lending money needs to consider the same issues and who will be assuming any debt created.
Another issue is a tenant or borrower being incarcerated, going to jail. It all happens! :)
In Texas you get to steal the tenants deposit if there is no will or probate filed. I know this because that is exactly what happens when my mother died. The landlord made up a whole bunch of charges, holes in walls, stained carpets blah blah blah and said no refund was due. She lived in the apartment for less than a year and was terminal the entire time. The landlord could produce no pictures nor proof of repairs. When I took them to small claims court, the court said no dice, as I did not have standing to claim her deposit. My mother didn't have a pot to piss in, why would I file a probate? The attorney for the landlord stood in open court and said that the damages were likely due to the last moments of life of the deceased. My mother died of lung cancer, she suffocated in what was basically a coma. I was with her as she took her last breath and watched her heart stop. I have never wanted to punch anyone in the face more than I did that punk.
The only solace there has been, is that the apartment complex is there 24/7 and I shall get that deposit out of that scumlord one way or another and then some.
Lesson for landlords, do F with the family of the deceased, they will get even with you.
...
In case anybody is wondering when Bill's comment here might be meaningful, think about areas with rent control in effect, the next of kin will definitely be wanting to have a unit with cheap rent.
@Donald Hendricks Did you ever win this case?
I have a similar situation. My mother also did not have anything to her name besides a car. She lived alone in an apartment complex in Virginia. I have tried Googling the law regarding security deposits when a tenant dies. She died in May.
We do have to form an estate now because my family feels there was medical negligence with the hospital. Not sure if we're past the timeline to request that deposit back or not, but I figure it's worth looking into.
@Nicole A. I'm sorry about your loss. Hope you and your family are getting support and guidance during this time.
The landlord would need to take certain steps to regain possession of the unit and to comply with the laws of the locale where your mother resided. Did the landlord provide a final report on deposits to anyone in the family or to an emergency contact person your mother may have listed in her rental agreement? Have you read your mother's rental agreement or talked with the landlord? May 2014 is fairly recent, so I think it would be worth looking into. Start with a conversation with the landlord. It may be the security deposit was very little and not worth pursuing or the security deposit may have been legitimately used to cover the landlord's expenses for cleaning and damages, or even unpaid rent, unpaid utilities, and unpaid fees. If the family is getting along, talk with other family members about what they know. If the family is hiring an attorney for the estate, talk with the attorney. They may be able to provide some guidance about this as well.
Bless you.
Thank you, @Marcia Maynard , for your kind words.
I will look into it further. It's just my sister and I handling it. My mother had hospice care in her apartment and we were there to see her go. We notified the apt complex of the situation and we cleared out the place. I'm unsure and will have to ask my sister, but I think I remember my mom having another month or so left of the lease. I don't know if that matters since she died before the lease ended. I will call the office and start a dialog... We're not really looking for money, but if we could get it back, it'd be nice to help pay off the final/funeral expenses.
Thanks again!
@Donald Hendricks Did you ever win this case?
I have a similar situation. My mother also did not have anything to her name besides a car. She lived alone in an apartment complex in Virginia. I have tried Googling the law regarding security deposits when a tenant dies. She died in May.
We do have to form an estate now because my family feels there was medical negligence with the hospital. Not sure if we're past the timeline to request that deposit back or not, but I figure it's worth looking into.
It was resolved when I made the original post. Not a penny recovered.
@Donald Hendricks Did you ever win this case?
I have a similar situation. My mother also did not have anything to her name besides a car. She lived alone in an apartment complex in Virginia. I have tried Googling the law regarding security deposits when a tenant dies. She died in May.
We do have to form an estate now because my family feels there was medical negligence with the hospital. Not sure if we're past the timeline to request that deposit back or not, but I figure it's worth looking into.
I had a similar experience. My tenant had to assume responsibility for the care of her sick father who lived alone in his apartment downtown. At that point, he could no longer live alone and she did not want to put him in a nursing home. She made a formal request to have him live on the property and I amended her lease to include him as her dependent. She works from home and just converted her guest room into a bedroom for him. (To be clear, there is no obligation on my part to to do this and would probably not do it again.)
Four months after he moved in with her, he died in his sleep right there on the property. She pretty much took care of the arrangements but kept us in the loop. After the funeral, she remained on the property and still lives there today.
After this incident, I prepared a form that designates a primary and secondary POCs, their relationship to the tenant and any special instructions... just in case.
We required the tenant to complete the form to provide this information as part of their move-in package and we keep it as part of their records.
No immediate personal experience with this situation as a landlord, but I can add a caution based on seeing this happen many, many times: as soon as you verify that there's been a death, secure the property! Hate to say it, but relatives will materialize out of the woodwork & swoop in like vultures on a dead possum.
Make sure the property is only accessible by the executor, lawyer, law enforcement, etc. I've seen someone (rightfully) try to retrieve Grandma's jewelry, favorite rocker, china service, etc. & it's long gone.
Not to mention the fist fights out in the yard over the tv. Seriously.