Death of a tenant (by Randy [GA]) Jun 24, 2025 6:23 AM
Death of a tenant (by zero [IN]) Jun 24, 2025 9:13 AM
Death of a tenant (by Robin [WI]) Jun 24, 2025 10:14 AM
Death of a tenant (by Robert J [CA]) Jun 24, 2025 10:19 AM
Death of a tenant (by Ken [NY]) Jun 24, 2025 10:38 AM
Death of a tenant (by WMH [NC]) Jun 24, 2025 10:59 AM
Death of a tenant (by jonny [NY]) Jun 24, 2025 1:42 PM
Death of a tenant (by tryan [MA]) Jun 24, 2025 4:12 PM
Death of a tenant (by Still Learning [NH]) Jun 25, 2025 1:34 PM
Death of a tenant (by Chris [CT]) Jun 25, 2025 2:12 PM
Death of a tenant (by Joel Miller [PA]) Jun 26, 2025 8:24 AM
Death of a tenant (by DJ [VA]) Jun 28, 2025 9:01 AM
Death of a tenant (by zero [IN]) Jun 29, 2025 8:52 AM
Death of a tenant (by don [PA]) Jul 1, 2025 11:22 PM
Death of a tenant (by Randy [GA]) Posted on: Jun 24, 2025 6:23 AM Message:
I have a tenant who I’m afraid may be passing soon due to heart issues. Her closest relative is a sister who lives nearby. When the lease was signed, she listed this sister as her emergency contact. I’m not sure but I think she has another sister but I don’t know if they are close.
What should I do in regards to this tenants possessions in the apartment if she should pass. I would think that her sister would be the person In charge of her affairs but I don’t know that for sure. Should I require to look at her will if she has one before I grant access to her apartment? Thanks --40.132.xxx.xxx |
Death of a tenant (by zero [IN]) Posted on: Jun 24, 2025 9:13 AM Message:
I made changes a while back that gives the emergency contacts control over the tenant's property, should they become unable to take care of it themselves. This includes incarceration, long hospital stays, midnight move outs and death.
Two emergency contacts are required. Tenant agrees that both have the same power.
I would check to see if this is possible with your lease or application.
Unfortunately once she passes then it all goes to the estate and depending on how she set things up it could go into probate.
Haven't tested my work around yet (thankfully). I believe it was Brad20000 that gave me the idea. Out state has an obscure law that says we must have two emergency contacts per tenant.
Probably too late in your situation. Sorry for that. Best of luck. --107.147.xx.xx |
Death of a tenant (by Robin [WI]) Posted on: Jun 24, 2025 10:14 AM Message:
If she's still functional, I'd go talk to to her ASAP and have her sign a form stating specifically what she wants done with her possessions. That way you're covered. --104.230.xxx.xxx |
Death of a tenant (by Robert J [CA]) Posted on: Jun 24, 2025 10:19 AM Message:
First, do NOT allow anyone access that you haven't been given permission by your departed dead tenant. Contact your real estate attorney.
I had a tenant die, over a 8 month period. His X-wife never showed up. His brother from another State never showed up. And his niece who he once supported never showed up either. No one had time for him. But after they learned of is passing, they ally showed up, at different times, with a locksmith to gain entry.
I asked for documentation naming them a Personal Representative of the separated tenants estate. No one had an proof.
When this passing tenant was on Hospice with less that a week to live, I had my attorney meet up at the tenant and made out a last will and testimony.
Another tenant that took care of him in my building got his money and life insurance. I got his cat. His x-wife, brother and niece contested the will -- getting nothing. --47.155.xx.xxx |
Death of a tenant (by Ken [NY]) Posted on: Jun 24, 2025 10:38 AM Message:
once the tenant dies they cant give you permission to do anything, the only thing that matters is the will and if someone already has a key,if someone has a key they can go in and take anything they want.you either wait for a court order,risk opening the door for whoever you think should be able to go in or simply start an eviction. --98.98.xx.xx |
Death of a tenant (by WMH [NC]) Posted on: Jun 24, 2025 10:59 AM Message:
Anybody have the wording they use to assign rights? I think our emergency contacts are on our application not in our lease. --173.28.xx.xxx |
Death of a tenant (by jonny [NY]) Posted on: Jun 24, 2025 1:42 PM Message:
Check your laws but I don't disagree with having a conversation with the tenant about it but then again... be careful of how and what you say. For obvious reasons --67.253.xxx.xxx |
Death of a tenant (by tryan [MA]) Posted on: Jun 24, 2025 4:12 PM Message:
In my hood .... dead people don't talk.
Sooo the "stuff" is moved to a garage/basement/POD. It's still on the property!
Rent on. Ask for forgiveness not permission. --198.168.xx.xxx |
Death of a tenant (by Still Learning [NH]) Posted on: Jun 25, 2025 1:34 PM Message:
What makes you think they will be dying soon? If your tenant has told you something then ask if they have a plan for what is to happen with their belongings and security deposit. --68.216.xx.xx |
Death of a tenant (by Chris [CT]) Posted on: Jun 25, 2025 2:12 PM Message:
The family typically cleans them out, I had two or three die last year and that's what they did. One family asked to extend the lease a month and paid for some more time. --32.216.xx.xx |
Death of a tenant (by Joel Miller [PA]) Posted on: Jun 26, 2025 8:24 AM Message:
At least in PA, when the last of any tenants in a particular apartment dies, it is the landlord's duty to change the locks and not let anyone access to the apartment except whomoever can show they have been sworn in by the court as being the executor of the deceased estate. This prevents anyone who "thinks" they have a right to remove stuff from taking something that should have been inherited by someone else. --184.56.xx.xxx |
Death of a tenant (by DJ [VA]) Posted on: Jun 28, 2025 9:01 AM Message:
I agree with Robin & johnny
WMH, Something like this:
17. COMPLIANCE WITH LAWS. Tenant will comply promptly with and abide by all applicable laws, ordinances, and regulations of federal, state, county, city, municipal, and/or other lawful authority pertaining to the use and occupancy of the premises. Criminal behavior is considered a breach of this Agreement. In the case of incarceration: If the premises is abandoned (see Clause 25) Tenant hereby gives permission for Landlord to contact an Emergency Contact (listed on Application for Housing and updated by Tenant), and to allow that person to remove Tenant's belongings from the premises for safe-keeping.
AND THIS:
39. AUTHORIZED PARTY. In the event that Roomer becomes incapacitated, deceased jailed, or otherwise unreachable or unable to perform, the following party is authorized to receive notices, enter the premises and remove the Roomer's possessions, and generally act in the interest and stead of Roomer. This person is NOT an authorized occupant.
--72.218.xx.xxx |
Death of a tenant (by zero [IN]) Posted on: Jun 29, 2025 8:52 AM Message:
I have this listed with the emergency contacts section of my application. When I go to court I supply the app as well as the lease.
I think I have it covered?
Copied from my application:
Per IN Code 32-31-1-23- IN state law requires two points of contact per adult Tenant (no overlaps, not each tenant) If
for any reason Tenant cannot be reached, or is non-responsive to management calls or notices, such as in the case of an emergency, incapacitation, incarceration, hospitalization, abandonment, or death, Tenant designates the following persons as approved to receive mail, notices, phone calls, texts, messages, deliveries, etc. from Landlord for Tenant. Tenant authorizes this person to remove their personal items, and to act on their behalf with Landlord. Each person listed as an Emergency Contact has 100% authority to receive legal notices on behalf of Tenant. Persons listed must be at least 18 years old.
--107.147.xx.xx |
Death of a tenant (by don [PA]) Posted on: Jul 1, 2025 11:22 PM Message:
Former probate clerk here. What Joel said is correct. The representative of an estate is appointed by a court or office in the county of last residence. In Phila. it is called the Register of Wills, but the names and procedures vary with state law. The court appointed rep, whether an named in a will or an administrator chosen by the legal heirs, is the only person that should have access. Don't try to ascertain who is the "next of kin," as you are asking for trouble. The deceased may have made a stranger the executor in his will, he could have close relatives who are not physically or socially close to him and you do not know about. --73.165.xxx.xxx |
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