Unforeseen Tragedy:
What to Do When Your Tenant Dies

13 min watch | July 26, 2024

Key Takeaways

Empathy and Legality: Emphasizes the need for landlords to act with empathy during these challenging times while strictly adhering to legal requirements and procedures.
Documentation and Security: Stresses the importance of thorough documentation and securing the property to protect the deceased tenant’s belongings and the landlord’s property.
Proactive Policy Inclusion: Encourages landlords to include clear terms in lease agreements regarding the death of a tenant to streamline communication and procedures, thereby reducing uncertainty in such situations.

Overview

Initial Response to a Tenant’s Death

Discussion on the immediate steps a landlord should take upon discovering a deceased tenant, emphasizing the importance of contacting emergency services and handling the situation with sensitivity.

Legal and Practical Considerations

Guidance on obtaining necessary documentation such as death certificates and handling lease agreements post-death. The webinar highlighted the distinctions between month-to-month leases and fixed-term leases in the context of a tenant’s death.

Management of Tenant’s Belongings

Procedures for dealing with the deceased tenant’s personal property, including securing the rental unit, communicating with next of kin, and adhering to local laws regarding abandoned property.

Insurance and Financial Implications

Discussion on how landlord insurance and the tenant’s renter’s insurance might cover different aspects related to the tenant’s death, such as unpaid rent and damages.

Communicating with Next of Kin and Roommates

Strategies for empathetically dealing with the next of kin and handling situations involving roommates or joint tenants, ensuring ongoing responsibilities are met.

Preparing for Investigation and Future Rentals

Tips for cooperating with any potential investigations by authorities and preparing the rental for future tenants, including revising lease agreements to include protocols for handling tenant deaths.

Conclusion

The webinar provided landlords with comprehensive insights into handling the death of a tenant in a rental property, from immediate actions to long-term procedures. It underscored the importance of preparation, empathy, and legal compliance in managing these delicate situations effectively.

Transcript ▼

Transcript

Krista Reuther:

Hi, I’m Krista, and we’re here to make you a better landlord.

Seamus Nally:

I’m Seamus, and today’s topic is a bit morbid – we’re talking about death.

Krista Reuther:

Yep, death is inevitable.

Seamus Nally:

That’s right. And that means there’s a possibility a tenant could die in your rental or you’ll have to deal with a tenant’s death after they’ve passed.

Krista Reuther:

Absolutely. Experienced landlords know this will happen at some point. So, could you walk us through the steps if you find someone who has died within your rental?

Seamus Nally:

Sure thing. Let’s assume it’s a peaceful death, natural causes, and you find them. First, you’ll want to contact emergency services, likely the police. They need to validate the scene. Once authorities show up and move the individual, establish communication with the next of kin, showing empathy and compassion.

Krista Reuther:

Right, because they’re going through a tough time. You’ll need official documentation of the tenant’s death, like a death certificate and obituary. If it’s a month-to-month lease, the death notice serves as the 30-day notice. For a longer-term lease, work with the next of kin.

Seamus Nally:

Right. Now, if the tenant’s belongings are still in the unit, assess the situation. If they lived alone, change the locks for security. Let the next of kin remove items, and if things are left behind, follow local laws on abandoned property.

Krista Reuther:

And don’t forget to list external belongings like cars or pets, and communicate this to the next of kin. Document everything and use the security deposit for damages or unpaid rent, sending a notice of deductions.

Seamus Nally:

What about belongings outside the property or in an external storage unit?

Krista Reuther:

Inform the next of kin about those as well. Provide a list and document it. If there are roommates, they’re still responsible for rent. If one of multiple tenants passes, work with the next of kin to transition.

Seamus Nally:

Got it. And what if there’s an investigation at the property?

Krista Reuther:

Cooperate fully, don’t interfere, and wait until authorities clear the property. Then work with the next of kin to remove belongings.

Seamus Nally:

And does insurance help in these situations?

Krista Reuther:

Landlord insurance might cover unpaid rent, but check your policy. Tenants’ renters insurance might help too, so look into both policies.

Krista Reuther:

Finally, include clear language in your lease for these situations, outlining communication and procedures. This helps both parties navigate through a difficult time and allows you to prepare for the next vacancy.

Seamus Nally:

Absolutely. Being prepared and compassionate in these situations is crucial for a smooth transition. And remember, if you’ve gone through similar experiences or have questions, feel free to leave a comment.

Presenters

Senior Education Content Manager