Tenant died (by Dan [PA]) Apr 15, 2011 6:07 PM|
Tenant died (by Chris [CA]) Apr 15, 2011 6:35 PM
Tenant died (by Virden [OH]) Apr 15, 2011 6:45 PM
Tenant died (by Mike45 [NV]) Apr 15, 2011 7:09 PM
Tenant died (by don [PA]) Apr 15, 2011 7:31 PM
Tenant died (by Ken [NY]) Apr 15, 2011 7:47 PM
Tenant died (by sdf [SD]) Apr 15, 2011 7:47 PM
Tenant died (by Dan [PA]) Apr 15, 2011 8:37 PM
Tenant died (by BRAD 20,000 [IN]) Apr 15, 2011 8:58 PM
Tenant died (by sdf [SD]) Apr 15, 2011 9:02 PM
Tenant died (by Chris [CA]) Apr 16, 2011 12:19 AM
Tenant died (by Wallace CPM [VA]) Apr 16, 2011 12:40 AM
Tenant died (by CTLL [CT]) Apr 16, 2011 4:02 AM
Tenant died (by Opinionated [NC]) Apr 16, 2011 8:10 AM
Tenant died (by ctlandlord [CT]) Apr 16, 2011 12:51 PM
Tenant died (by ctlandlord [CT]) Apr 16, 2011 1:00 PM
Tenant died (by don [PA]) Apr 16, 2011 6:19 PM
Tenant died (by Mike45 [NV]) Apr 17, 2011 11:58 AM
Tenant died (by Anne [NY]) Sep 12, 2011 1:29 PM
Tenant died (by Laura [MD]) Sep 12, 2011 7:58 PM
Tenant died (by BRAD 20,000 [IN]) Sep 16, 2011 8:01 AM
Tenant died (by Dan [PA]) Posted on: Apr 15, 2011 6:07 PM
I'll try to keep this short. One of my tenants died and his sister called and told me not to let anybody into the apartment. She has a key and said she will take care of everything.
Here is my fear. This man was seperated from his wife and I don't believe they were legally seperated. What do I do if she calls or somebody else calls and wants into the apartment? He doesn't have much the most valuable is his pickup truck.
Tenant died (by Chris [CA]) Posted on: Apr 15, 2011 6:35 PM
How friendly is the clerk at your local court? I would ask for the Probate file and not let anybody grab stuff. OTOH you will want to clean and re-rent the place asap.
Could you store the belongings in a garage? One goal should be to mitigate damages and re-rent asap.
If you choose to let the sister handle it, i would photocopy or scan her iD, bring a witness, take photos of the belongings and make her sign some contract - maybe even get it notarized - that she is legally responsible for handling this in accordance with Probate and state laws. say someone else inherits it all, that she will be obligated to hand it over to that person. --125.25.xx.xx
Tenant died (by Virden [OH]) Posted on: Apr 15, 2011 6:45 PM
Have her sign that she is/has removed all the belongings, and have her show you a electric bill as proof of residence at the address she claims, drivers license could be older address. --76.241.xxx.xx
Tenant died (by Mike45 [NV]) Posted on: Apr 15, 2011 7:09 PM
So far as I can tell, it is NOT MY PROBLEM.
If the wife is a tenant or occupant on the lease, I have no legal basis to keep her out. If the sister has a key, I am not going to keep her out.
Unless someone wants to pay me to be a security guard or an executor, I am not going to take any steps to secure the deceased's property or to keep anyone with a key from going in and taking it. NOT MY JOB.
Tenant died (by don [PA]) Posted on: Apr 15, 2011 7:31 PM
I am a former probate clerk and currently an attorney. Do not let anyone into the apartment unless they give you a "short certificate." This is a short version of the Letters of Administration issued to the legal representative of the estate of the deceased by the county Register of Wills office. The family and/or executor of a will must go to the Register of Wills and open the estate to obtain these documents. --75.195.xxx.xx
Tenant died (by Ken [NY]) Posted on: Apr 15, 2011 7:47 PM
I agree with Mike45,anyone else on the lease or anyone with a key has the right to go in and not my job to try to keep them out.My concern is when will have the unit back to get rerented. --67.252.xx.xx
Tenant died (by sdf [SD]) Posted on: Apr 15, 2011 7:47 PM
Google divorce records in PA.
You might be able to find if divorce has been filed between your tenant and his wife.
It's called The Records Project.
Tenant died (by Dan [PA]) Posted on: Apr 15, 2011 8:37 PM
Here is the latest:
Sister calls and said police are coming to give access to the seperated but not divorced wife.
She asked me to change the locks and I told her I was not getting involved. --71.87.xxx.xx
Tenant died (by BRAD 20,000 [IN]) Posted on: Apr 15, 2011 8:58 PM
Let them hash it out. Your legal obligation is to the leasee and no one else.
Is wife on the lease? Separated, divorced or not, if she is on the lease she has full rights.
I DO recommend getting the home emptied and re-rented asap. These things have a way of dragging on while we lose rent.
At the advice of someone here (sorry, I can't remember who!) I copied and pasted a DEATH OR INCAPACITATION clause for my lease. I also get several Emergency Contacts at lease signing. Helps in such a situation. --67.175.xx.xxx
Tenant died (by sdf [SD]) Posted on: Apr 15, 2011 9:02 PM
You do need the name of the wife and contact number who is responsible for getting the items out of the apartment. There is only two weeks until the end of the month.
A signed release from the wife (still married) would be sufficient. The sister doesn't have anything to do with the apartment now that you know the couple weren't divorced. --70.189.xx.xxx
Tenant died (by Chris [CA]) Posted on: Apr 16, 2011 12:19 AM
Make sure to collect the key from the sister - you would not want keys floating around. There was a nasty rape case where a tenant just kept a duplicate key and came back years later... --125.25.xx.xx
Tenant died (by Wallace CPM [VA]) Posted on: Apr 16, 2011 12:40 AM
Change the locks and don't let anyone in....you control entry not the sister. See COURT paperwork before allowing entry --65.40.xxx.xxx
Tenant died (by CTLL [CT]) Posted on: Apr 16, 2011 4:02 AM
Be glad you don't live in CT. Be glad the wife came with the police. Be glad you, the landlord doesn't have to file an affidavit with the Probate listing all belongings and waiting 60+ days before you can get your unit back.
Take a minute and read what CT law states:
To begin, when a Tenant dies, the Landlord Must
· send a notice to the Tenant’s next of kin, if known.
· The notice must be sent by both regular and certified mail and must advise the recipient
o (1) that the Tenant has died;
o (2) the Landlord intends to remove the deceased Tenant’s personal effects and possession and to re-rent the premises; and
o (3) if the next of kin does not reclaim the possession and personal effects of the deceased Tenant within sixty days after the date of the notice, the possessions and personal effects will be disposed of as permitted by law. The notice should be simple, clear and concise and must contain contact information (i.e. mailing address and telephone number) of the Landlord. See, Conn. Gen. Stat. §47a-11d(a).
Once the Landlord has sent the notice or, if the Landlord does not know of any next of kin,
· the Landlord must file an affidavit with the local probate court.
· This affidavit shall include the name and address of the deceased Tenant, the date of death, the terms of the lease (if it is a written lease, simply attach a copy of the lease to the affidavit) and the names and addresses of the next of kin, if known. Conn. Gen. Stat. §47a-11d(b). I would also suggest attaching a copy of the notice referenced above, if such a notice was sent.
· The Landlord is now in a holding pattern for thirty days after the filing of the affidavit and should begin preparing a detailed inventory of the possessions and personal effects remaining in the premises.
· On or after the thirty days, if there has been no reply to the notice or communication from next of kin, the Landlord must file the inventory with the probate court.
· Fifteen days after filing the inventory, again, there having been no communication from next of kin, the Landlord may remove the possessions and personal effects; however, the items must then be stored for an additional fifteen days. Finally, after the additional fifteen days has elapsed, the Landlord can have the possessions and personal effects disposed of by a State Marshal in accordance with Conn. Gen. Stat. §47a-42. Conn.Gen. Stat. §47a-11d(d).
Tenant died (by Opinionated [NC]) Posted on: Apr 16, 2011 8:10 AM
Why does the death of a tenant place the landlord in some special position of responsibility? In the case of the first post on this thread, the person has a key- given them by the tenant. That person is responsible for their own actions and use of the key. I had a tenant die. Her son contacted me and told me that he would remove her belongings and pay any rent until he could get the place empty. He did- no problem. --66.226.xx.xx
Tenant died (by ctlandlord [CT]) Posted on: Apr 16, 2011 12:51 PM
Most of Ct laws are just crazy... commonsence has been removed from them. Thats why attorneys make such good money here/ Did you know in CT if you send a rent increase letter it is not valid because there is not" a meeting of the minds"? --99.20.xx.xxx
Tenant died (by ctlandlord [CT]) Posted on: Apr 16, 2011 1:00 PM
Just a thought if you did not follow the policy what could any one do to you ?? baring the truck or something else valuable? --99.20.xx.xxx
Tenant died (by don [PA]) Posted on: Apr 16, 2011 6:19 PM
If you don't believe my advice, call your county Register of Wills office and ask them! A wife is not necessarily the sole legal heir. --75.206.x.xxx
Tenant died (by Mike45 [NV]) Posted on: Apr 17, 2011 11:58 AM
Don, I agree with you that the wife is not necessarily the sole legal heir (and sionce you are an attorney, you know that heirs only exist if the T died intestate -- otherwise there are bene's, not heirs).
But this is irrelevant. You completely ignore the issue of what the LANDLORD's obligations and responsibilities are. The LL is not an officer of the court, is not an executor or administrator and is not even a person in possession of the decedent's personal propety --the LL is not in possession because the deceased has sole and exclusive possession (at least vis-a-vis the LL) of the unit. So why should the LL get involved in any way?
If a duly appointed Executor or Administrator approached the LL and wants access, then the LL should upon verification of status allow access. But the LL has no obligation (or right!) to change the locks or to keep out co-tentants, co-occupants or others with keys.
As I said above, this is not my problem. When the rent is not paid, then THAT becomes my problem.
Tenant died (by Anne [NY]) Posted on: Sep 12, 2011 1:29 PM
I have a similar situation and need help! My tenant is Vietnamese. He occuppied my rental property for the last 19 years with his wife and daughter. Daughter moved out a few years ago. He died a few months ago. Daughter informed me they went back to Vietnam for burial and mother would be back a few months later(mother doesn't speak English) Daughter promised to clean out house. 5 months later still not done. House is filled with junk. She said the will was in probate and waiting for that to pay rent owed. How do I just throw out the stuff in the house? I can't get in touch with the wife since she is staying with relatives. No one is living in the house and I am in limbo waiting for the daughter to clean out the house so I can fix it up and rent it out. Please help. --64.210.xxx.xxx
Tenant died (by Laura [MD]) Posted on: Sep 12, 2011 7:58 PM
To Anne - NY your problem is easy. The rent is not paid, file for eviction and move on!!!!!! --71.191.xxx.xx
Tenant died (by BRAD 20,000 [IN]) Posted on: Sep 16, 2011 8:01 AM
Anne - Who is in control here?? Nobody. Take control of your investment.
Post an ABANDONED PROPERTY NOTICE on the door "This property appears to be abandoned. Any items remaining will be disposed in 24 hours. If this incorrect call XXX-XXXX immediately and leave a message."
Wait 24 hours then start cleaning. We box up/stack their stuff in one room or garage while painting over the next few days. Then it goes.
As a courtesy to the innocents involved, we'll save pictures or important things.
File in court for the unpaid rent and name the mother AND daughter since she lived there. that might flush out SOME rent.
Next time, please don't wait 5 months!!