 Tenant Died (by Gregg [NJ]) Apr 24, 2010 2:38 AM
 Tenant Died (by Chris [CA]) Apr 24, 2010 2:59 AM
Tenant Died (by Bob [TN]) Apr 24, 2010 5:16 AM
Tenant Died (by AllyM [NJ]) Apr 24, 2010 6:07 AM
Tenant Died (by Steve [TX]) Apr 24, 2010 1:51 PM
Tenant Died (by Irene [CA]) Apr 24, 2010 6:49 PM
Tenant Died (by BRAD_IN 20,000 [IN]) Apr 25, 2010 1:45 PM
Tenant Died (by Lynda [TX]) Apr 26, 2010 12:46 PM
Tenant Died (by sdf [SD]) Apr 26, 2010 4:05 PM
Tenant Died (by Gregg [NJ]) Posted on: Apr 24, 2010 2:38 AM
Message:
State Specific Question About: NEW JERSEY (NJ)
Tenant died in apartment. Lease had 6 more months left. Am I required to return security deposit? --76.117.xx.xxx |
Tenant Died (by Chris [CA]) Posted on: Apr 24, 2010 2:59 AM
Message:
That depends. How fast for the apartment to be cleaned out? Wait until you walk through and everything is out! Protect yourself when handing over the keys and photocopy ID etc. of whoever gets the stuff. --125.25.xxx.xxx |
Tenant Died (by Bob [TN]) Posted on: Apr 24, 2010 5:16 AM
Message:
If your laws are like TN the laws probably skirt around telling us what to do in the case of death of tenant. I think that you will have to provide the probate effort with an accounting of her cost to you and in the process you will be accounting for the deposit. If you have money coming then you would file a claim against the estate as soon as probate begins. --98.65.xxx.xxx |
Tenant Died (by AllyM [NJ]) Posted on: Apr 24, 2010 6:07 AM
Message:
Talk to the executor. If a tenant just left in a regular way, would you have to return the deposit?
You would wait until the tenant had left and see if there were damages. Then you would deduct the cost of the repair and return the balance with receipts for the work or an estimate or signed contract to perform the work.
It is just that your tenant is now the estate so treat the estate like a tenant.
Tell the executor that there was a legally signed lease and that you will need to charge rent for the time the unit is occupied with the tenants possessions. Sorry, but it's a business etc.
Then this is up to you whether you need them to pay you for the rest of the year lease if it's a year, or just up until the time you re-rent the apartment.
I would probably just let them go and I have done that. I used the security for the last month's rent. That apartment was long overdue for renovation and that's what I did when the tenant's children had removed her belongings. --76.99.xxx.xx |
Tenant Died (by Steve [TX]) Posted on: Apr 24, 2010 1:51 PM
Message:
YES... give the money back if your have a heart.
If you need the money, keep it, use it for last month rent.
ONLY you can know, if you need the money. She can't argue she is DEAD. --99.39.xxx.xxx |
Tenant Died (by Irene [CA]) Posted on: Apr 24, 2010 6:49 PM
Message:
My commercial small office was rented by a very astute young man; he was setting up with several partners. This young man, son of an attorney, died in an airplane crash off the Oregon coast (so did my renter's girlfriend). His father, an attorney, was going to give me a hard time at move out time, until I showed him the signed contract by his son. Sad, but all turned out O.K. for me, because there had been some wall damage done and the Dad took care of it. --75.45.xx.xxx |
Tenant Died (by BRAD_IN 20,000 [IN]) Posted on: Apr 25, 2010 1:45 PM
Message:
Gregg, The sec deposit will quickly be absorbed by current rent (stuff still in the house), cleaning, possible labor to help box up stuff, etc.
I would ruin my reputation with the judge by charging a dead person the remaining months of a lease. I DO think it fair to charge the standard 30 days notice period.
However, my concern is getting their stuff OUT and re-renting before you lose much more. This can really drag out and the LL loses.
As with any death situation, I recommend compassionate businesslike action. "Sorry for your loss. While you are in town, I'll help you box and move his personal items. I have some helpers ready to work." Charge the labor against the deposit. --69.243.xxx.xx |
Tenant Died (by Lynda [TX]) Posted on: Apr 26, 2010 12:46 PM
Message:
Gregg, it will take you more than a month to get the place cleared out, repaired, cleaned up, advertized, showed, run credit checks on the applications, and get a signed Lease. It will take all of that SD to accomplish that--not to mention the lost time. There will be nothing to return. --137.242.x.xx |
Tenant Died (by sdf [SD]) Posted on: Apr 26, 2010 4:05 PM
Message:
You are required to do everything you possibly can to mitigate the damages. Which means sending a certified letter to the relative your tenant gave as their contact on the application. Giving them x amount of days to remove the possessions or pay the rent on the unit in the appropriate time. You may have to supply a copy of the lease.
When they move and clean, you proceed to clean and re-rent the apartment. You itemize the deposit within the legal time limits.
If the relatives pay the rent for the remaining six months while cleaning out the apartment and do everything according to the lease then your answer is yes. You have to return the deposit.
If you are able to get the unit back in move in condition and rent it immediately, then your answer is also yes. You return the deposit.
--70.189.xx.xxx |
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