Unattended deaths in rental properties hold a few landlord responsibilities and rights when it comes to dealing with the aftermath of discovering a deceased person who may have been undiscovered for a few days or even weeks or months. Just as a landlord should be knowledgeable on how to deal with living tenants and potential issues, it is important to be aware of how to proceed in the event your tenants are deceased.
An unattended death
As our society shifts with how we home our elderly or more fragile members of society, the number of unattended deaths increases as does the timeframe from death to discovery. Your tenant may not have close family members or friends that visit regularly to notice they have been missing and you, as the landlord, might be the one to discover your tenant has passed on due to late rental payment. This is when you must understand unattended deaths in rental properties and the landlord’s responsibilities and rights associated with these unfortunate events.
The first steps
Should you discover your tenant has passed either through personally attending the property or being notified by someone who has become concerned about their welfare, the first step is to contact the authorities by calling 911. Prompt reporting is imperative regardless of how long a person may have been deceased. The family of the deceased will generally arrange the removal of the body once the authorities have provided authorization to do so, however, if there are no apparent family or estate representatives, it will become your responsibility to make these arrangements.
Security needs
Following the removal of the body, it will also become the landlord’s responsibility to secure the building, including the deceased person’s property, to prevent any unauthorized access or pilfering. Should there not be any apparent family or estate representatives, it is advisable to document the tenant’s belongings before securely storing them. Local authorities can advise how long you need to retain your tenant’s property before selling or disposing of it. If the deceased has no representatives; any proceeds from items you have been authorized to sell can be used toward costs incurred in making the necessary arrangements.
Types of unattended death
The term unattended means that the person has passed and has not been attended to or discovered for several days or longer. It could be a result of suicide, murder, accident, or most commonly, natural causes. The way a person has passed will determine the impact on your property with regard to damage or cleaning needs. The duration a body has remained unattended will also have a strong bearing on the level of cleaning required to remove any traces, both physical and malodorous.
Cleaning
Unattended deaths in rental properties and the landlord’s responsibilities and rights include the responsibility of the landlord to undertake cleaning of their property. In some cases, it may be possible to recoup those costs from the deceased’s estate. The longer a body is left to decompose, the greater the task of cleaning and sanitizing the area becomes, and this is where a professional cleaning company such as The Aftercare becomes imperative to the process. They will sanitize and disinfect the entire area while ensuring any biological matter that may be present following removal of the body is collected and disposed of in accordance with city and state regulations.
Costs incurred
Recouping the costs incurred is a grey area as to what a landlord is specifically entitled to as it is dependent on how clauses in your lease document are written. Your tenant may have had renters’ insurance though this usually only applies to their belongings, or perhaps your property insurance includes clauses that cover these types of events. Before taking any steps that involve selling a deceased person’s property or reletting your premises, you should seek legal advice to ensure you are not at risk of action from the tenant’s estate. Unattended deaths in rental properties and the landlord’s responsibilities and rights do include respecting the deceased’s legal rights which, in many cases, will result in a landlord incurring costs that cannot be recouped.
Reletting your property
Once the appropriate authorities are notified, the body has been removed and cleaning has been completed you can look into reletting your property. Be aware that if your tenant has paid rent up to a certain date you may need to keep the property locked up until their rent is in arrears. In Virginia and North Carolina, if your tenant has an emergency contact on file, you may be able to serve notice and give ten days’ notice of reclaiming the property. It is advisable to seek legal advice before making any arrangements for your property as laws do vary depending on circumstances.
Advising new tenants of a death
In Virginia and North Carolina, it is not required by law to notify a prospective tenant of a death at the property unless they specifically ask. That being said, it may save you some grief in the future if your tenant is aware before committing to a rental contract. Of course, it is entirely your choice whether to volunteer this information if the prospective tenant has not asked.
Understanding unattended deaths in rental properties and the landlord’s responsibilities and rights can be a little daunting, however with appropriate legal advice and enlisting experienced and compassionate companies such as The Aftercare, you can rest a little easier knowing you have done as much as possible in such a difficult circumstance.