Landlord across the street is notified by upstairs tenant in her duplex that mail is piled up in the lower tenant's mailbox and deliveries still on the porch. Landlord asks her handiman (also my handiman) to go over and check around. He has a key to the garage and basement, but not the units.

He checks the garage and both cars the tenant owns are there. Handiman knocks on doors calling out tenant's name, no one answers and handiman hears nothing from the basement. No TV on, nothing. He notifies landlady of his findings.

Police show up, saying the tenant's work called them as they couldn't reach him and he hadn't shown up to work for 4 days. Police want to go in, and begin knocking on all neighbor doors and calling those not home at work. (Where do they get the phone numbers of where neighbors work?) Handiman tells them he can get the key from the landlady. So I drive him as he doesn't have a car. We get back and handiman lets officers in. Police try to get his family to identify dead tenant. They can't get there? After handiman identifies body, the body is removed by fire department. Ex wife and daughter arrive after all this is done and place is locked up.

Handiman sees one of them crying in front of the property,gives condolences and tells her he can let them in. They are delighted and go in. Handiman locks up after they are done, and notices all his cabinets and drawers he can see are open and contents tossed around, which was not the case when he identified the body with the police.

Daughter sees he has 2 cars.

What is the protocol here? It isn't known whether there is a will

or executor. If he died without a will or anything, isn't there a legal problem with any of this? Isn't someone to be appointed to take an inventory his property for his estate?

I'm starting to think about what if someone in one of our properties dies? I would contact who was listed as "emergency contact" on the application, then thought further. What is to prevent that "contact" from taking valuable items that are part of the tenant's estate, that were not left to them, not meant for them, and that should be part of the estate to be distributed first to creditors?

Just ordered Brad's lease and looking forward to his clauses referring to death of a tenant in a rental.

Any thoughts, experience with this?

I believe it is up to the daughter to take care of everything, such as cleaning out the rental of all belongings,etc.

I would inform her as to the date that all of her fathers possessions must be removed so there is not another months rent due. Put it in writing as I am sure she is upset.

My brothers girl friend just passed away and the LL stays out of it, except for rent and or possession of the rental. Because the place was ransacked has nothing to do with you as the door should have been secured by the police.

Get the daughters name and address so the security can be taken care of.

I agree that the Handyman had no right to let family members in.

I'm guessing they went straight to the drawers to find money and maybe the dead guys checkbook.

KEN (NY) That's what I thought. Handiman stated to me today that he let the daughter and exwife in without direction. He only had the key to the unit because the police told me to drive him to the landlady's house to get it. Unfortunately, the handiman then had the key, saw the daughter crying and tried to make her feel better by saying he could let her in on his own!

Daughter is in her 30's and mom and daughter have not communicated with deceased since daughter was 5.

Also found out December rent hadn't been paid yet as it is thought he's been dead for approx 10 days. Landlady gave daughter permission to remove things this month, told the December rent wasn't paid. The landlady didn't know she can

be a creditor to his Estate to get the rent due.

P.B. I understand none of this has anything to do with me... Police gave the key back to the handiman. I am trying to help the landlady, as my friend, to be careful of what can and cannot be done. The landlady The daughter may not have any claim to his estate, as I mentioned they had no contact since she was 5. Deceased told me and landlady that in the past. I found it unusual the place was ransacked by mom and daughter; maybe they were looking for $, car keys, a will? I told landlady to check with a lawyer. Good idea to put it in writing; landlady has stayed out of it only to speak w/daughter on the phone. Daughter got snippy with her stating she didn't want anyone his unit, referring to the handiman who let her in. Landlady told was firm with her, reminding her that she [landlady] was being nice to her, that the December rent had not been paid, and she could have the rest of the month to remove his things and clean unit up.

Anyway, anything to help my friend. Thanks for your thoughts!

Alot of good advice here. Thank you, I'll pass it on.

As a landlord, I would not delegate the keys to my handiman for this situation. I wouldn't want the potential litigation that could ensue.

The LL is the person with the most too lose in this case.

You want to help get the stuff out of the place as quickly as possible without getting sued. The folks doing the suing will be emotionally stressed so something small wrong can be amplified. Have I been sued this way - nope, but it has only happened about 8 or so times.

In order for a suit to be properly brought, a personal representative must be appointed on behalf of the estate. At least in Pennsylvania, that costs some money and a little effort. Who truly thinks someone is going to file a frivilous law suit on behalf of someone else over nothing?

Can someone show up and say it was their personal property that the landlord disposed of and not the deceased's property? Sure, but truly, what is the chance of that and again, time, effort and MONEY spent.

Can it happen? Sure. Will it happen? 99.99% no. If it does, so what? Show up in court with your documentation, photos, etc., and walk out victorious.

Very simple. The only person that can be let in is the court appointed representative of the estate (executor if a will, administrator if not) after they give you a copy of the decree appointing them. The landlord can go in and look for a will. If he finds a will, he should lodge it directly with the county register of wills/surrogate's office.