Death of tenant
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Death of tenant (by Caryl [WI]) Mar 23, 2019 9:20 AM
       Death of tenant (by Steve [MA]) Mar 23, 2019 9:48 AM
       Death of tenant (by myob [GA]) Mar 23, 2019 1:48 PM
       Death of tenant (by plenty [MO]) Mar 23, 2019 3:21 PM
       Death of tenant (by Live The Dream [AZ]) Mar 23, 2019 4:46 PM
       Death of tenant (by DJ [VA]) Mar 23, 2019 5:43 PM
       Death of tenant (by DJ [VA]) Mar 23, 2019 5:50 PM
       Death of tenant (by Vee [OH]) Mar 23, 2019 8:24 PM
       Death of tenant (by Nicole [PA]) Mar 24, 2019 12:45 PM
       Death of tenant (by Landlord ofthe Flies [TX]) Mar 24, 2019 3:59 PM
       Death of tenant (by DJ [VA]) Mar 24, 2019 6:05 PM
       Death of tenant (by Kim [TX]) Mar 25, 2019 11:30 AM

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Death of tenant (by Caryl [WI]) Posted on: Mar 23, 2019 9:20 AM

Tenant passed away. Relatives asking about escrow. Much unreported repairs and possibly ruined carpet. How to handle?

Death of tenant (by Steve [MA]) Posted on: Mar 23, 2019 9:48 AM

Find out from the relatives who has been appointed as the legal executor. Legally they are the only one you should be dealing with. However since this is the real world I suggest that these relatives be allowed to clear out & cleanup the unit ASAP to maximum the potential refund. --96.237.xx.xx

Death of tenant (by myob [GA]) Posted on: Mar 23, 2019 1:48 PM

There asking about ESCROW? really. They should be asking if you plan on suing the estate. That's my approach. Call and give them clear instructions on cleaning out the place so you don't have to hire a lawyer to take money from the decedent's estate and ultimately from them. Empty, clean and then keys.

Be calm and get your property back ASAP.

No deposit can be returned until the unit is inspected and it can't be inspected until it's empty and clean. Send them your move out instructions along with t h e move in inspection you did with tenant.

Death of tenant (by plenty [MO]) Posted on: Mar 23, 2019 3:21 PM

What does Escrow mean to the tenants family? --99.203.xx.xx

Death of tenant (by Live The Dream [AZ]) Posted on: Mar 23, 2019 4:46 PM

I think she meant "probate."

I've been executor three times. Never again. Too much headache and stress. You literally have to "do battle" with the various agencies to protect the rights of the deceased.

Please get your affairs in order so you can bypass all the bs. Pay on death bank accts and RE in trusts, etc.

Death of tenant (by DJ [VA]) Posted on: Mar 23, 2019 5:43 PM

FIRST get a copy of the death certificate.

THEN deal with the executor or administrator - tell him/her rent is due until possession is return by the estate. Explain what needs to be done to return it to you.

I see it going one of 3 ways:

1) They are too overwhelmed to deal with cleaning out the Tenant's stuff, and would rather (ask you to) have you handle it & bill the estate.

2) They will ignore you, take forever to get around to it because it's not their top priority (avoid this by explaining the cost & pending legal action that will make settling the estate even more complicated)

3) The family members will be racing each other to get in there and get the good stuff. Hopefully will be encouraged to take it all.

Only deal with the administrator/executor - that is the ONLY person with authority.

Having been an administrator before, I suggest you approach it from the perspective of helping them clear it up as quickly and simply as possible, so they can spend their effort on other things.

Like have a document already drawn up releasing claim on the possessions after (a very soon) certain date. Until then, the administrator and/or designee may have full access (give them a key) to remove all belongings. Also include the fact that there will be an accounting coming to the estate that will likely contain charges for damages. Make sure you get the mailing address and all contact info. for the executor. Tell them "just sign here" and give them a copy.

Good luck

Death of tenant (by DJ [VA]) Posted on: Mar 23, 2019 5:50 PM

If it's month - to - month, give notice to executor before the end of the month of non-renewal.

If it's a lease, give them a "Generous offer" of releasing them from the remainder of the lease without penalty. You want this done as quickly as possible. The settling of the estate can drag on for years- cut yourself loose asap through any reasonable, legal means possible.

Death of tenant (by Vee [OH]) Posted on: Mar 23, 2019 8:24 PM

Could also be asking about early termination fee, but the rent must be paid till the unit is emptied, cleaned which includes carpet if you have that old fashioned floor covering, once it is empty you can get estimates to make repairs from damages that were missed by the manager in the last inspection and therefore could not be billed while the tenant was alive. As the other have mentioned you have to Bill the estate of the tenant, be sure to follow your state and local tenant rules regarding the timing of these notices.

Death of tenant (by Nicole [PA]) Posted on: Mar 24, 2019 12:45 PM

not sure what you mean by "escrow" .... perhaps security deposit?

Every time I see a question regarding death and I read the subsequent responses regarding the executor/administrator, "the estate", etc., I shake my head. I would guess unless you have A or possibly a B unit, there is no personal representative nor an estate.

Death of tenant (by Landlord ofthe Flies [TX]) Posted on: Mar 24, 2019 3:59 PM

Tell them nothing can be done until they vacate the property in the best condition possible for maximum return. Also inform them that the rent must continue to get paid until they move so the quicker the better for everyone.

Death of tenant (by DJ [VA]) Posted on: Mar 24, 2019 6:05 PM

Actually, Nicole, the higher socio-economic class is more likely to have made plans for their death. The lower socio-economic class probably won't. They also may not have much, but even just a savings account or old car, clothes, all personal possessions - whatever they do have, is more likely to go through probate due to lack of planning. That means everything has to be accounted for to the court - and the court needs to approve of all distribution. This includes fees for the privilege.

The landlord needs to try to get paid quickly, before there is a pile of bills from the last emergency room visit, utilities, IRS, etc.

Death of tenant (by Kim [TX]) Posted on: Mar 25, 2019 11:30 AM

I doubt that you need to serve notice to the estate. A lease automatically terminates upon death- I'm sure everywhere. We had to hold the apartment with the tenant's belongings untouched inside until the attorney could sort out the estate. The estate did reimburse me for all rent due during that period, but the point was to make sure no one went in and took anything that didn't belong to them.

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