What to do if tenant on lease passes away?

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What to do if tenant on lease passes away?

Steve S.
Dallas, TX · Member since 2014 · 650 posts · 53 votes

Elderly tenant lives with son and is helping pay the lease with social security etc in Texas

any insights what landlord obligations are if this were to happen and lease still has several months on it?

doing some googling to prepare should this occur and welcome any thoughts from your experience?

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David de Luna
Rental Property Investor · NorCal · Member since 2018 · 399 posts · 222 votes
6y

Assuming you refer to the lessee that has died, technically, pretty straightforward - lease terminates now that your lessee no longer exists. Do what you will. 

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  • David de Luna
    Rental Property Investor · NorCal · Member since 2018 · 399 posts · 222 votes
    6y

    Assuming you refer to the lessee that has died, technically, pretty straightforward - lease terminates now that your lessee no longer exists. Do what you will. 

    1Reply
  • Account Closed
    Property Manager · Alpharetta, GA · Member since 2018 · 163 posts · 117 votes
    6y

    Too many variables, cross that if it happens.

    Lease should have a break clause. Not a break for death, but early termination. That's your guide. Talk to your owner (if that's not you) only if this happens, figure out a plan that's best for the property.

    Be a human, set clear expectations, and what will happen if they don't meet them.

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  • Christine Kankowski
    Real Estate Broker · Temecula, CA · Member since 2014 · 992 posts · 782 votes
    6y

    Death is a suitable reason to break the lease.   Contact the emergency contact and have them move out the tenants belongings and move on. 

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  • Steve S.
    OP
    Dallas, TX · Member since 2014 · 650 posts · 53 votes
    6y
    Originally posted by @Christine Kankowski:

    Death is a suitable reason to break the lease.   Contact the emergency contact and have them move out the tenants belongings and move on. 


    thx  the issue would be if the son is still there but no longer has the funds to completely pay the rent  

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  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    6y

    If the elderly tenant is living with their son in your rental, the son's name should be on the lease.  If he's can't pay the rent on his own, then he can break the lease and move.

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  • Steve S.
    OP
    Dallas, TX · Member since 2014 · 650 posts · 53 votes
    6y
    Originally posted by @Theresa Harris:

    If the elderly tenant is living with their son in your rental, the son's name should be on the lease.  If he's can't pay the rent on his own, then he can break the lease and move.

    Thanks yes both are on the lease

    Ok. I’m also weighing a quality tenant that’s been there several years with no issues vs finding someone new should that time come vs maybe just selling it 


    planning ahead just in case

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  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    6y
    Originally posted by @Steve S.:
    Originally posted by @Theresa Harris:

    If the elderly tenant is living with their son in your rental, the son's name should be on the lease.  If he's can't pay the rent on his own, then he can break the lease and move.

    Thanks yes both are on the lease

    Ok. I’m also weighing a quality tenant that’s been there several years with no issues vs finding someone new should that time come vs maybe just selling it 


    planning ahead just in case

    If he's on the lease and has been no troubles and the elderly parent is still alive and living there, I wouldn't worry about it.

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  • Steve S.
    OP
    Dallas, TX · Member since 2014 · 650 posts · 53 votes
    6y
    Originally posted by @Theresa Harris:
    Originally posted by @Steve S.:
    Originally posted by @Theresa Harris:

    If the elderly tenant is living with their son in your rental, the son's name should be on the lease.  If he's can't pay the rent on his own, then he can break the lease and move.

    Thanks yes both are on the lease

    Ok. I’m also weighing a quality tenant that’s been there several years with no issues vs finding someone new should that time come vs maybe just selling it 


    planning ahead just in case

    If he's on the lease and has been no troubles and the elderly parent is still alive and living there, I wouldn't worry about it.

    Thanks yes not worried about it until such an event should come to pass but wanted to make sure I understood and could plan accordingly.  

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