How to handle a dead Tenant.

How to handle a dead Tenant.

Nathan GesnerBusiness Member
Moderator
Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes

Yesterday morning I got a call from two nurses attempting to conduct a home visit with an elderly Tenant of mine. They said she wasn't answering the door but the TV was on. I tell them she's hard of hearing and they need to knock hard. They've already been trying that for 20 minutes. I ask if her car is in the parking lot because she never rides with anyone else. It is. I grab a key and head over, frustrated that she's probably just in a deep sleep.

I unlock the door and ask one of the nurses to go in first. I've walked in on this Tenant before when she was not fully dressed and it wasn't pretty. The nurse walked in and came back out less than 10 seconds later. "She's gone."

I said, "she never leaves without her car. Did you check the bedroom and bathroom?"

She said, "No, she's not here! I mean, she's gone!"

I then realize this nurse is afraid to use real words like "dead" or "deceased" or "kicked the bucket." I asked if she was certain so she went back in, checked, and confirmed rigamortis was already setting in. She said there was "blood everywhere" and refused to go back in.

I'm prior military and have seen just about everything so I head in to take a look. It was definitely a bloody mess but appeared to be an accidental fall. I stepped out and waited for the police to arrive.

Here are some suggestions if you ever come across a deceased tenant:

  1. I would normally recommend you DO NOT approach them or touch them unless you need to verify they are deceased. I personally want to check because there may be a chance of saving them. If you decide to check, carefully approach and check for a pulse, body heat, breathing, rigamortis, etc. Be sure to check the area before approaching the body! You don't know if they were murdered, electrocuted, or slipped on a banana peel. Make sure the area is safe before stepping in.
  2. Once you verify they are deceased, carefully leave the scene and stay out. You don't want to contaminate it in any way because the police need to verify whether foul play was involved.
  3. Call 9-1-1 and report the incident. Identify yourself and your reason for being there. If you notice anything unusual (bloody footprints, foaming at the mouth, or a clown standing behind the curtain) be sure to point that out.
  4. When officers arrive, don't start blurting out your story because you may end up repeating it 50 times. The first cop isn't necessarily the one in charge. Stand back, let them do their job, and they will approach you when they are ready to talk.
  5. Stick to the facts. Don't play Columbo or build crazy theories. Let the experts do their job.
  6. Contact the insurance company. In most cases, a death won't involve an insurance claim. In my case, I have a lot of blood-soaked carpet and other hazardous issues that require immediate remediation. The insurance company is willing to pay for it since there's a biological hazard involved. It never hurts to ask!
  7. If there are animals present, contact Animal Control so they can be cared for.
  8. If you are managing the property for someone else, contact the Landlord and report the situation.
  9. Contact next-of-kin or emergency contacts because someone will have to remove their possessions. Make sure they have authority to remove stuff. You don't want to be stuck in the middle of a family dispute over possessions! The police and/or detectives can help guide you on this.
  10. If this is a multi-family property, talk to your other tenants and explain the situation. You may not be legally required to share the information but it's the right thing to do. The tenants will find out on their own, anyway.
  11. Secure the property. You have a responsibility to protect their possessions.
  12. Get written notice of the Tenant's death from the executor, next of kin, etc. If they are on a month-to-month lease, the notice of death may constitute legal 30-day notice of termination. The estate is typically responsible for any remaining term of the lease but most Landlords just want to empty the unit and move on.
  13. If anyone needs to enter the property, escort them and keep a record of who entered and when. If something has to be removed (e.g. clothing for burial) be sure to document specifically what was taken and who took it

Those are just a few tips. You also have to know what to do with personal property. In my case, the Tenant has no known relatives. We thought we would have to remove everything, store it, etc. Fortunately, the detective was able to locate her ex-husband from decades ago and he's willing to take care of everything.

Anyone else have experience or tips they would like to share? @James Wise?

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Michele FischerPro Member
Rental Property Investor · Seattle, WA · Member since 2013 · 2k+ posts · 1k+ votes
8y

I would add that when we rent to a single person, we include this clause in the agreement:

In the event of abandonment, arrest or death, the following person has the authority to decide when to terminate tenancy and how to store/distribute my belongings:

Name: ____________________________________________________

Address: ____________________________________________________

Phone #: ____________________________________________________

This helps us to move along faster after such an event, and know that are are following their wishes.

See this reply in the discussion

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  • Jay HinrichsBusiness Member
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
    8y

    my experince has been with suicides.. at the lock out.. gun to the head.. very tramatic. 

    also have had a few take pills.. but i was not there when ambulance took them to hospital and they recovered.

    these were foreclosure hold outs.. so all those that buy npn notes they should be aware how stressed these homeowners are

  • Rental Property Investor · East Wenatchee, WA · Member since 2014 · 10k+ posts · 16k+ votes
    8y

    Had a sect 8 tenant pass away in his sleep the other day at 60.  His wife was in CA visiting and came back to take care of things, thankfully.  The Sheriff's deputy was looking through stuff and Bob hadn't been removed yet. Eery and sad. Bob was a nice guy. I asked the deputy if he needed anything from mgt or the owner and he said no.

    Found out a new nugget from HUD today. His caseworker called me to notify me that since he passed on April 29th, they will need May back. If Bob made it till the 1st, I would've been ok. Should they bill me the few hundred or reduce June's payments? Thanks HUD!

    I told her I will be a better mortality estimator when I screen HUD applicants from now on in that case. Start asking what their blood pressure is or something on their application. LOL

  • Jerry W.Pro Member
    Moderator
    Investor · Thermopolis, WY · Member since 2012 · 4k+ posts · 4k+ votes
    8y

    One thing I would add, if they do an estate you need to make a claim and have it notarized in WY in order to get paid for any time they use the apartment and have not paid.  After the estate is opened the amount they owe you is an expense not a debt.  It makes a difference in priority of payments.  If it takes them 60 days to get their stuff out they owe you the 60 days rent.

  • Nathan GesnerBusiness Member
    Moderator
    OP
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    8y

    I'm fortunate that the ex-husband will be removing her belongings in the near future. Owner isn't concerned with the rent since this tenant has lived there for 16 years and not been late once.

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  • Michele FischerPro Member
    Rental Property Investor · Seattle, WA · Member since 2013 · 2k+ posts · 1k+ votes
    8y

    I would add that when we rent to a single person, we include this clause in the agreement:

    In the event of abandonment, arrest or death, the following person has the authority to decide when to terminate tenancy and how to store/distribute my belongings:

    Name: ____________________________________________________

    Address: ____________________________________________________

    Phone #: ____________________________________________________

    This helps us to move along faster after such an event, and know that are are following their wishes.

  • Nathan GesnerBusiness Member
    Moderator
    OP
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    8y

    @Michele Fischer that is a great tip! That statement should be included on the original lease agreement and also on every lease renewal so the information remains updated. I've had several tenants that were incarcerated over the years and I needed family members to remove their belongings.

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  • Real Estate Broker · Cleveland Dayton Cincinnati Toledo Columbus & Akron, OH · Member since 2013 · 30k+ posts · 20k+ votes
    8y
    Originally posted by @Nathan Gesner:

    Yesterday morning I got a call from two nurses attempting to conduct a home visit with an elderly Tenant of mine. They said she wasn't answering the door but the TV was on. I tell them she's hard of hearing and they need to knock hard. They've already been trying that for 20 minutes. I ask if her car is in the parking lot because she never rides with anyone else. It is. I grab a key and head over, frustrated that she's probably just in a deep sleep.

    I unlock the door and ask one of the nurses to go in first. I've walked in on this Tenant before when she was not fully dressed and it wasn't pretty. The nurse walked in and came back out less than 10 seconds later. "She's gone."

    I said, "she never leaves without her car. Did you check the bedroom and bathroom?"

    She said, "No, she's not here! I mean, she's gone!"

    I then realize this nurse is afraid to use real words like "dead" or "deceased" or "kicked the bucket." I asked if she was certain so she went back in, checked, and confirmed rigamortis was already setting in. She said there was "blood everywhere" and refused to go back in.

    I'm prior military and have seen just about everything so I head in to take a look. It was definitely a bloody mess but appeared to be an accidental fall. I stepped out and waited for the police to arrive.

    Here are some suggestions if you ever come across a deceased tenant:

    1. I would normally recommend you DO NOT approach them or touch them unless you need to verify they are deceased. I personally want to check because there may be a chance of saving them. If you decide to check, carefully approach and check for a pulse, body heat, breathing, rigamortis, etc. Be sure to check the area before approaching the body! You don't know if they were murdered, electrocuted, or slipped on a banana peel. Make sure the area is safe before stepping in.
    2. Once you verify they are deceased, carefully leave the scene and stay out. You don't want to contaminate it in any way because the police need to verify whether foul play was involved.
    3. Call 9-1-1 and report the incident. Identify yourself and your reason for being there. If you notice anything unusual (bloody footprints, foaming at the mouth, or a clown standing behind the curtain) be sure to point that out.
    4. When officers arrive, don't start blurting out your story because you may end up repeating it 50 times. The first cop isn't necessarily the one in charge. Stand back, let them do their job, and they will approach you when they are ready to talk.
    5. Stick to the facts. Don't play Columbo or build crazy theories. Let the experts do their job.
    6. Contact the insurance company. In most cases, a death won't involve an insurance claim. In my case, I have a lot of blood-soaked carpet and other hazardous issues that require immediate remediation. The insurance company is willing to pay for it since there's a biological hazard involved. It never hurts to ask!
    7. If there are animals present, contact Animal Control so they can be cared for.
    8. If you are managing the property for someone else, contact the Landlord and report the situation.
    9. Contact next-of-kin or emergency contacts because someone will have to remove their possessions. Make sure they have authority to remove stuff. You don't want to be stuck in the middle of a family dispute over possessions! The police and/or detectives can help guide you on this.
    10. If this is a multi-family property, talk to your other tenants and explain the situation. You may not be legally required to share the information but it's the right thing to do. The tenants will find out on their own, anyway.
    11. Secure the property. You have a responsibility to protect their possessions.
    12. Get written notice of the Tenant's death from the executor, next of kin, etc. If they are on a month-to-month lease, the notice of death may constitute legal 30-day notice of termination. The estate is typically responsible for any remaining term of the lease but most Landlords just want to empty the unit and move on.
    13. If anyone needs to enter the property, escort them and keep a record of who entered and when. If something has to be removed (e.g. clothing for burial) be sure to document specifically what was taken and who took it

    Those are just a few tips. You also have to know what to do with personal property. In my case, the Tenant has no known relatives. We thought we would have to remove everything, store it, etc. Fortunately, the detective was able to locate her ex-husband from decades ago and he's willing to take care of everything.

    Anyone else have experience or tips they would like to share? @James Wise?

     Pretty thorough rundown Nathan. Pretty much covered all the bases & then some.

    We have dealt with a lot of tenant deaths. We get a handful or so per year. Violent &/or messy deaths are the minority. The majority is natural causes followed up by some type of Opioid overdose...Heroin &/or Fentanyl etc.....

    Once we had a suicide. Guy blew his brains out all over his bed. We gave the keys to his son to clear out the belongings. Well he ended up giving them to the deceased tenant's ex girlfriend who proceeded to squat in the unit. Took about 2 months to regain possession after the eviction. Worst part was when we sent the staff in to clean it out the bed still had dried brain matter & skull pieces all over it, along with blood stains all over the mattress. The ex had just slept on it during that time......#Savage

    Another time we had an elderly woman in a duplex die. If I recall correctly her adult children lived in the other unit. They squatted in her unit & stopped paying rent in theirs. We evicted them & regained possession of the whole property. A couple days later they broke into the house through a second story window & stole all the copper out of the house. 

    (To be fair I can't prove that it was them. It could have been someone from the neighborhood but I have a strong suspicion that it was the family) 

    The idiots didn't even turn off the water when they were cutting the pipes. I am shocked they didn't kill themselves as they were cutting off electrical lines with water gushing everywhere.

    We've also had 1 murder that I can remember off the top of my head ( I imagine there have been more ). It appears as though it could have possibly been a hate crime as the tenant was transgender & found bound in her underwear with a bag over her head. Last I heard about the case the Police were not sure the motive though. Information on that case can be found in this Cleveland.com article. Very sad & unfortunate situation.

    Other than those three stories it's usually pretty mundane & simple for the landlord. Nothing to be too worried about as a landlord. What you have seen above is about as bad as it gets & we got through those situations just fine. I am sure all other landlord's will get through their tenant's deaths just fine as well. All part of the business of being a landlord.

  • Nathan GesnerBusiness Member
    Moderator
    OP
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    8y

    @James Wise I knew you wouldn't disappoint!

    Whether managing for ourselves or others, the key to property management is knowing how to solve problems. I see far too many people panic when issues pop up and they either leave the business or their health deteriorates from the stress.

    I really enjoy the challenges.

    The DIY Landlord Book4.7248 Reviews
  • Real Estate Broker · Cleveland Dayton Cincinnati Toledo Columbus & Akron, OH · Member since 2013 · 30k+ posts · 20k+ votes
    8y
    Originally posted by @Nathan Gesner:

    @James Wise I knew you wouldn't disappoint!

    Whether managing for ourselves or others, the key to property management is knowing how to solve problems. I see far too many people panic when issues pop up and they either leave the business or their health deteriorates from the stress.

    I really enjoy the challenges.

     Oh yea. The stress on the owner's health is a very real thing. One of the nurses at my doctor's office was telling me a story about how they rented a former home that was underwater & it all went south & the stress out her husband in the hospital with a heart attack.

  • Attorney · Santa Cruz, CA · Member since 2015 · 345 posts · 358 votes
    8y

    This is one of my nightmares. As a lawyer who writes rental agreements in California, I always ask landlord's if there is a possibility of the tenant dying in the unit. The state of California has a looooooooooong list of language that could be in the rental agreement governing what happens to the unit if the tenant dies. It covers the heir's rights to the tenancy, and the disposition of the deceased tenant's property, etc. It's very complicated because a tenant can pass down the right to occupy a rental unit. In California, if this happens, it could take many months for the landlord to regain control. All of those months there could be no rent paid. 

    Most the landlords I work with decide to skip including that morbid language in their agreements. Then I read this a realize that maybe we should include it.

    @Michele Fischer I dont think that grouping arrest, abandonment and death together, then giving a third party who is not a party to the agreement the right to make the decision about who occupies the unit in the future is a good idea. But it might make sense to get information  about who is responsible for removal of a tenant's belonging if you believe there is a high likelihood that they will be left behind for some reason. On some rental applications there is an emergency contact question.

    Turns out this could be a more complicated legal question than I originally thought.

  • Jay HinrichsBusiness Member
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
    8y
    Originally posted by @James Wise:
    Originally posted by @Nathan Gesner:

    @James Wise I knew you wouldn't disappoint!

    Whether managing for ourselves or others, the key to property management is knowing how to solve problems. I see far too many people panic when issues pop up and they either leave the business or their health deteriorates from the stress.

    I really enjoy the challenges.

     Oh yea. The stress on the owner's health is a very real thing. One of the nurses at my doctor's office was telling me a story about how they rented a former home that was underwater & it all went south & the stress out her husband in the hospital with a heart attack.

    In Mississippi I would find a close hanger stuck into the meter base jacking the power.. now that takes some b@@@S  talk about getting electrocuted..  also common to just cut the water pipe before it comes to the meter then run a hose to the other side LOL.. with water running down the street..   

  • Real Estate Broker · Cleveland Dayton Cincinnati Toledo Columbus & Akron, OH · Member since 2013 · 30k+ posts · 20k+ votes
    8y
    Originally posted by @Jay Hinrichs:
    Originally posted by @James Wise:
    Originally posted by @Nathan Gesner:

    @James Wise I knew you wouldn't disappoint!

    Whether managing for ourselves or others, the key to property management is knowing how to solve problems. I see far too many people panic when issues pop up and they either leave the business or their health deteriorates from the stress.

    I really enjoy the challenges.

     Oh yea. The stress on the owner's health is a very real thing. One of the nurses at my doctor's office was telling me a story about how they rented a former home that was underwater & it all went south & the stress out her husband in the hospital with a heart attack.

    In Mississippi I would find a close hanger stuck into the meter base jacking the power.. now that takes some b@@@S  talk about getting electrocuted..  also common to just cut the water pipe before it comes to the meter then run a hose to the other side LOL.. with water running down the street..   

     Never seen the water pipe thing before. Electric yes. More common than that though we've had the maintenance crew show up to vacant houses with extension cords from the neighbors houses plugged into exterior outlets of vacant properties. We just cut the cord in half & those throw both broken ends back over the fence. The neighbors typically don't try it again.....Guess the cost of loosing another one of those 250 ft cords is enough to deter them.

  • Developer · Portland, OR · Member since 2014 · 732 posts · 490 votes
    8y

    One of the crazier threads I’ve read in awhile. I thought having to throw squatters out of a house we were moving tenants into the other day was enough landlord fun. Not you guys...blood so bad a nurse won’t go back in the house, ex’s sleeping in brain splatter, murders with execution style bags over heads. Wow. 

    My dad actually got out of residential investing when he had to check on a house and found his tenants had skipped town and the hot water heater had fallen through the second story attic. A couple weeks later in another house of his the tenants loaded their kids in the car, turned it on in the garage, and committed suicide.

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