#TenantIssues #TenantDied #WhatToDoNow #FloridaRental #DeceasedTenant
π What to Do When a Tenant Dies in Your Rental Property π
Losing a tenant is never easy, and dealing with the aftermath can be overwhelming, especially if the tenant passed away unexpectedly. If you find yourself in this situation, it’s important to know the steps to take to handle the tenantβs estate and the rental property legally and respectfully. Hereβs a comprehensive guide on what to do when a tenant dies in your Florida rental property.
π Legal Responsibilities for Handling the Deceased Tenantβs Estate π
When a tenant dies at your rental property, there are several legal responsibilities that you need to attend to as a landlord. Hereβs what you need to do:
1. Contact the Authorities and Medical Examiner
– Contact the authorities and medical examiner immediately if you discover that your tenant has passed away at the rental property.
– The medical examiner will determine the cause of death and remove the tenant’s body from the premises.
2. Secure the Tenant’s Belongings
– As a landlord, itβs your responsibility to secure the deceased tenantβs belongings and protect them from damage or theft.
– Consider changing the locks on the property to prevent unauthorized access.
3. Inventory and Documentation
– Create a detailed inventory of the tenant’s belongings and document their condition.
– Take photographs of the property and the tenantβs belongings as evidence for insurance and legal purposes.
π Handling the Tenantβs Personal Property and Possessions π
When a tenant dies without a will or next of kin, the handling of their personal property and possessions can be complex. Hereβs what you should do:
1. Notification of the Tenantβs Death
– If the tenant had no family or next of kin, you may be required to notify the local probate court of their passing.
– Seek legal advice on the proper notifications to make in your specific jurisdiction.
2. Wait for the Probate Courtβs Direction
– In the absence of a will or legal directives, the probate court will determine the distribution of the tenantβs estate.
– Itβs important to wait for the probate courtβs direction before taking any action regarding the tenantβs belongings.
3. Disposition of the Tenantβs Personal Property
– Once the probate court provides direction, you may be tasked with disposing of the tenantβs personal property in accordance with the courtβs orders.
– Seek legal advice to ensure compliance with all legal requirements and protect yourself from potential liability.
π Dealing with the Tenantβs Vehicle π
If the tenant had a vehicle parked on your rental property, hereβs what you should do:
1. Determine Ownership of the Vehicle
– Contact the local DMV to determine the ownership of the vehicle and any potential liens against it.
2. Notification of the Vehicleβs Presence
– Notify the executor of the tenantβs estate or the probate court of the presence of the tenantβs vehicle on your property.
3. Secure the Vehicle
– If the vehicle is not claimed by the tenantβs estate, you may need to secure it and protect it from damage or theft until further instructions are provided.
π Legal Considerations for Lease Termination π
In the event of a tenantβs passing, you may need to address the termination of the lease agreement. Hereβs what you should know:
1. Review the Lease Agreement
– Review the lease agreement to determine the protocol for lease termination in the event of the tenantβs death.
2. Notification of Lease Termination
– Notify the executor of the tenantβs estate or the probate court of the need to terminate the lease agreement and vacate the rental property.
3. Return of Security Deposit
– Determine the process for the return of the deceased tenantβs security deposit in accordance with the lease agreement and applicable landlord-tenant laws.
In conclusion, the passing of a tenant can present a challenging and emotional situation for landlords. However, itβs essential to handle the legal and practical aspects of the situation with care and diligence. Seek legal advice and guidance to ensure that you fulfill your responsibilities as a landlord while respecting the rights of the deceased tenant and their estate.
https://evict.com/death-of-the-tenant#:~:text=FS%2083.59%20(d)%20When%20the,and%20address%20of%20a%20personal
Florida statute 83.59 is directly on point:
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0083/Sections/0083.59.html
Normally what you do is wait until rent is unpaid and either file an action for abandonment or eviction for unpaid rent. Some leases discharge the duty to store abandoned property. Hard to say without seeing your lease.
Do you have first month, last month, security?
I would contact whatever tenancy authority in your country regulates rentals and ask them for the procedure in a case like yours.
If things take longer than a week I’d think about dealing with perishables in the apartment before they spoil.
Do you have enough storage for it on the premises? If so you could move it to storage, based on my reading of the statute. Then dispose of it after 60 days or if you hear from the Probate court or family
Maybe open probate. Orphans court tries to find next of kin to settle the βestate.β
if you know they are deceased, are you allowed to enter their apartment to remove perishable food, ensure there nothing in there that is time sensitive etc? Like wet towels on the floor etc? I just see it as a chance to avoid more damage and expense, but is it legal?