unfortunately, my tenant passed away. he has left his mother and a child at the property. Will not charge the rent for this month. Does anyone know what is the correct way to handle this situation? 30 days notice ? Is there a Oklahoma law to handle this situation? Not sure what to do about security deposit. Dont mind to give it back. but what if property is damaged?
First thing I would do (besides condolences) is ask the mother or whoever is there if they would have interest in taking over the lease. (If you want them). They may not want to move just because he is gone.
He was the primary person on the lease. His mother js not on the lease at all. I will have to get someone else in there.
I would recommend giving 90 days notice to vacate if you are not interested in asking the mother to take over the lease. That will hopefully give the mother a chance to find a new home and will allow you to start advertising your property and find new tenants. After they move out, I would assess the damages then give back the remainder of the deposit (if there is any left). While you want to be sensitive to the situation, a rental property is a business and must be treated as such. Good luck!
Good for you not charging them this month's rent.
I would see if the mother would be willing to sign a lease, if not I would try a small cash for keys scenario to try to get new tenants into the house ASAP. If they say no, or are not progressing in moving/signing, depending on timing, then I would finally escalate with a 5 day pay or quit and begin that process.
Upon the death of a landlord or tenant, a valid lease creates obligations that survive the death of the landlord or tenant, with certain exceptions. A tenant's estate (his mom) remains liable for payment of rent if the tenant dies; the landlord's (your) estate remains bound to provide occupancy despite the landlord's death.