A tenant has recently passed away. What notices should I put out and would I still have to file for an eviction?

State Specific Question About: IOWA (IA)

Try contacting next of kin or emergency contact listed on their application. If you do not have this information, add that to your application now for next time.

If contact with next or kin/emergency person fails, and rent is not paid, you may need to file for eviction to recover possession of the premises. However, that won't relieve you of the burden of cleaning out the deceased's personal property, which should ideally be taken care of by the executor of the deceased's estate. IA land lord / tenant law govern what happens to personal property after an eviction. You may be required to store it for a period of time before disposing of it. If the deceased has no executor, the estate will be probated through the courts: potentially a lengthy process.

Do NOT allow anyone inside to unit even to view it until you are satisfied they have legally authority to be there (i.e. a court notice from your county, a signed/notarized copy of the Will naming them as executor along with photo ID). Cousin Eddie doesn't have the right to stop by and start helping himself to the goodies, and you could be held liable for allowing unauthorized, self-proclaimed "heirs" to plunder the estate.

Me, I would do nothing. On June 2, I would serve a Notice To Pay Rent Or Quit, and then I would probably file the eviction. I would take possession, and store the stuff.

Unless someone shows up with court authorization, I would not let anyone in.

I would not change the locks. If the dead tenant had given out keys to various people, that is his/her problem, not mine.

a signed notarized copy of a will does not confirm an executor...it just names one. When entered for probate the official there will be issuing a document that approves the named executor as the real, court approved party with the right to act on behalf of the deceased.

don, I didn't realize we were to seal up the residence ... thank goodness I've not had many pass away on me.

My tenants won't have estates and certainly their heirs won't pay filing fees just to get the "worldly goods" out of the apartment. I doubt if any of the heirs could even get bonded with my tenant pool.

Nicole: I would expect that your question would be best answered by an atty. in the jurisdiction of the deceased.

We have been involved in the liquidiation of the personal property held by "estates for many years and have learned that SOMEONE has to be legally in charge. Or at least some notice somewhere has to be done to give you the legal protection.

Otherwise the dearly departed's estranged, long absent niece, nephew, cousin, grandchild, son, daughter, etc. can/will/does often show up sometimes months and even years later wondering what became of the Tiffany Lamp and Faberge diamond necklace that the dearly departed promised to them the last time they saw them oh some 25 years ago.

Its all good.....until its not and then the hassle & possible expense of dealing ith such claims can make the problem not worth the effort.