A Tenant Passed Away - What's next?

Question

What happens to a lease when a tenant dies in the unit and nobody steps forward?

I had a tenant pass inside his unit. Before this was a legal problem, I do recognize it is a loss. A man lived in that unit, it was his home.

His family doesn’t want to be involved. I don’t know their story, and it isn’t mine to judge. But it means nobody is opening an estate, and without an estate, nobody has the legal authority to release the unit. His belongings are still there, and legally I can’t touch them.

My attorney’s answer: we’ll have to evict his estate for nonpayment.

Going to court to evict someone who has passed away doesn’t feel right. But sometimes the law only gives you one path.

Have you ever had a tenant pass away? How did you handle it, both legally and personally?

Fernando Castro · Answer

I'm sorry, that's a hard one on both levels. While the legal process runs, a few things tend to help: secure the unit and change nothing inside without your attorney's OK; take dated photos and a written inventory of the belongings with a witness present; keep a ledger of rent and any costs you incur; and keep copies of every attempt to reach the family. Ask your attorney whether your state has a small-estate or public administrator process that could be faster than eviction, since that varies a lot by state and county. For future leases, some owners add an emergency contact and a clause on what happens to the lease and belongings if a tenant dies, written to fit their state's rules.

Ryan Brown · Answer

@Carl Millsap sorry you're dealing with this. I did have to go through it once. My tenant passed away in the hospital, and I couldn't find any family to help deal with it, so I ended up exactly where you are. My attorney gave me the same answer yours did, and we evicted the estate.

I'll be honest, it felt strange filing an eviction against someone who had passed. But it helped me to think of it less as an eviction and more as the court giving someone legal authority to release the unit, since nobody else was going to. It's not a judgment on him. It's just the paperwork the law requires when no one steps forward.

I agree with Drew on not waiting. I kept hoping someone would turn up, and nobody did. The sooner you file, the sooner you can handle his things properly instead of leaving everything sitting in limbo. Until the court gives you possession, I wouldn't touch anything beyond what your attorney tells you is OK.

On the personal side, it stuck with me more than I expected that nobody came for him. You're clearly treating him with respect, and that's really all you can do.

Clever Mukori · Answer

Sorry you're dealing with this, and it says a lot that you're thinking about him first. One thing worth asking your attorney: some counties have a public administrator or a small-estate process that can be appointed when no family steps forward, which can sometimes be quicker than evicting the estate.

In the meantime, I'd photograph and inventory everything in the unit with a witness present, keep copies of every notice you send to the last known relatives, and keep the rent ledger current so the estate claim is clean whichever path you end up on.

Drew Sygit · Answer

We've had tenants die, one got kidnapped & murdered by boyfriend and one got shot & killed by another tenant.

Didn't personally know any of the tenants.

Just a matter of dealing with the police, coroner and then legal path forward to regain possession.

• EVERY time the relatives took what they wanted and left us with the remainder to trashout:(
• Relatives procrastinate, so you need to start eviction process ASAP and not be trapped by their timeline.

EVERY time the relatives took what they wanted and left us with the remainder to trashout:(

Relatives procrastinate, so you need to start eviction process ASAP and not be trapped by their timeline.

Matthew Morrow · Answer

@Carl Millsap sorry, that's a hard one, and I appreciate how you're thinking about him. I haven't been through this exact situation, so I can't add much on the legal side. If your attorney says the estate route is the only path where you are, I'd follow it and document everything along the way. Doing it by the book protects you and treats him with some respect too. Hopefully it works out without too much more headache.

Jim Johnson · Answer

That's a tough situation, especially with no family willing to step in. I can see why the eviction process doesn't sit right with you. If your attorney says that's the legal route, following it while being respectful of the tenant and his belongings seems like the best way to handle it. It's unfortunate that the process has to work that way, even under these circumstances.

JD Martin · Answer

Not so far, but I know LLs who have had people die inside and be rotting away for weeks before anyone knew about it. Unpleasant to say the least, especially with the remediation required to get a unit ready again after a dead body has been decomposing into the floor boards. Sad to know some people have no one that would even be checking on them to know. My next door neighbor died like that. He was a hateful bastard and decided he wasn't talking to us any more near the end. I always said we would know he was dead when we could smell him and sure enough after he missed a month of doctor appointments.

Eric Gerakos · Answer

Air freshener.

A Tenant Passed Away - What's next?

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