What Should You Do If Your Tenant Dies in Your Property?

By Sue Richey

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Dealing with a tenant’s passing is an unfortunate and sensitive situation that many landlords may face at some point. It’s not something that happens often, but when it does, knowing the right steps to take can make all the difference. While I’m not a legal advisor, this guide is based on firsthand experience and professional consultations. Here’s how to handle it with professionalism and care:

1. Call the authorities. If you discover that a tenant has passed away in your rental, contact the police immediately. Even if the death appears to be from natural causes, law enforcement must file a report before anything else can be done.

2. Reach out to their emergency contact. If no one has already informed you of the situation, locate and call the tenant’s emergency contact. This information should be included in your lease records. The emergency contact can notify family members and handle necessary legal matters.

3. Review the lease agreement. Check the lease and state-specific laws to determine what steps you need to take. Laws vary on when you can reclaim possession of the unit and how to handle the tenant’s belongings. If needed, consult an attorney to ensure compliance.

4. Secure the property. Once authorities have completed their investigation, secure the property by changing the locks if necessary. This prevents unauthorized access and protects the tenant’s possessions until legal matters are settled.

5. Wait for probate. The tenant’s estate is typically responsible for handling unpaid rent and personal belongings. Work with the executor and follow legal guidelines, as probate can take time. Be patient and avoid rushing the process.

6. Document everything. Before removing any belongings, thoroughly document the unit’s condition. Take photos and videos to protect yourself from potential disputes. This prevents any accusations of missing or stolen items.

7. Coordinate with the executor. The executor or next of kin is responsible for clearing out the tenant’s possessions. Work with them to follow the appropriate timeline set by state law. Understanding the legal requirements ensures a smooth process.

8. Deep clean and make necessary repairs. Once the unit is vacated, perform a deep clean and make any necessary repairs. The extent of the cleanup will depend on the circumstances, but restoring the unit to a rent-ready condition is essential.

9. Market your property. After the property is cleaned and repaired, it’s time to find a new tenant. Take high-quality photos, advertise effectively, and screen applicants thoroughly to get the unit rented again.

A tenant passing away in your rental is never easy, but handling it correctly can prevent legal issues and unnecessary complications. Follow state laws, communicate with the right parties, and take your time to ensure everything is done properly. By staying organized and professional, you can navigate the situation with minimal disruption to your business. If you have questions or need guidance, don’t hesitate to reach out. You can call me at 703-405-5119 or send an email to sue@richeypm.com. I look forward to hearing from you.