death of renter: abandoned property - Landlord Forum thread 122101

SUMMARY:

This bill gives landlords an alternative to bringing an eviction action to regain possession of a dwelling unit after the death of the only tenant living there. Landlords who comply with the bill are protected against an action for entering a dwelling unit without consent.

When the only tenant living in a dwelling unit dies, the bill authorizes the landlord to notify the tenant's next of kin of (1) his death and (2) the landlord's intentions regarding the tenant's personal belongings if they fail to reclaim them within a specified period. Within the next five days, he must file an affidavit in probate court regarding the deceased tenant's personal belongings.

The bill authorizes a landlord who complies with its provisions to dispose of the tenant's property if (1) no relative appears to claim it or (2) no one asks the probate court to take any action on the deceased tenant's will within the time specified in the notice.

The bill specifies that it does not relieve a landlord of the duty to comply with the landlord and tenant laws, other than the law regarding security deposits, when he knows or should reasonably know that the dwelling unit has not been abandoned. By law, a security deposit, minus any deductions for damages, belongs to the tenant who paid it or, in the event of death, the tenant's estate.

NOTICE TO NEXT OF KIN

When a landlord has complied with a lease that includes the tenant's death as a ground for termination, the bill permits him to send a notice to the last known address of the next of kin upon the death of the sole tenant in a dwelling unit. He may send the notice by regular posted mail and certified mail, return receipt requested. The notice must be in clear and simple language and include the landlord's telephone number and address. It may state that the (1) tenant has died, (2) landlord intends to remove his belongings from the dwelling unit and re-rent the premises, and (3) next of kin has 45 days to reclaim the belongings or the landlord will dispose of them.

A landlord must inventory the belongings left in a dwelling unit by a deceased tenant but leave them in place for at least 30 days after the date he notifies the tenant's relatives. After 30 days, he can store the belongings and after 45 days, he can put them on the adjacent sidewalk, street, or highway.

PROBATE COURT AFFIDAVIT

The bill requires any landlord who sends the notice to a tenant's next of kin to file an affidavit with the probate court five days later. The affidavit must include the deceased tenant's name and address, the date he died, the names and addresses of his next of kin, an inventory of the belongings he left in the dwelling unit, and the terms of his lease.

If the court receives a request to determine the validity of a will or appoint an administrator of a decedent's estate within 45 days of the date the affidavit is filed, it must notify the landlord immediately. A landlord who receives this notice cannot dispose of the tenant's property or re-rent the dwelling unit as indicated above. (The bill does not state what happens if the deceased tenant's relatives remove the tenant's belongings after the landlord's notice but before anyone requests an administrator of his estate or a determination on his will.)

COMMITTEE ACTION

Judiciary Committee

Joint Favorable Substitute

(Public Local Laws of Baltimore City, Sec. 9-8)

FOR LAWS SPECIFIC TO THE STATE OF MARYLAND REFER TO MARYLAND CODE, REAL PROPERTY

The general rule is that in the absence of a contrary lease provision, the death of tenant or landlord does not terminate the lease and does not terminate responsibilities under the lease. Thus at the death of the landlord, the tenant continues in the same relationship to the landlord's successor. (Corpus Juris 2nd, Landlord and Tenant, Sec. 22d, Sec. 523)

Under Baltimore City law, if the tenant dies, the following persons have the right, upon continued payment of rent to the landlord, to be substituted as tenant in place of and to the same extent as the original tenant: a surviving spouse or any member of deceased tenant's immediate family who was living on the premises with deceased tenant at the time of his death. If tenant dies and the rent is not paid, landlord may file suit for summary ejectment against tenant's personal representative, or if there is none, then against tenant's estate.

publication:All copyrights and other rights to statutory text are reserved by the State of Maine.

The text included in this publication is current to the end of the Second Special
Session of the 122nd Legislature, which adjourned July 30, 2005, but is subject to change without notice. It is a version that has not been officially certified by theSecretary of State. Refer to the Maine Revised Statutes Annotated and supplements for certified text.The Office of the Revisor of Statutes also requests that you send us one copy of any statutory publication you may produce. Our goal is not to restrict publishingactivity, but to keep track of who is publishing what, to identify any needless duplication and to preserve the State's copyright rights.PLEASE NOTE: The Revisor's Office CAN NOT perform research for or provide legal advice orinterpretation of Maine law. If you need legal assistance, please contact a qualified attorney.§7504. Death of tenantSuch action may be originally commenced against the executors or administrators of the tenant, or if commenced against him, it maybe prosecuted against them after his death

Development Name: Unit #

Dear:

We wish to express our sympathy in the death of a member of your family.

Please contact so that a vacate notice can be completed. In accordance with HUD regulations, subsidy can only be continued for 14 days
after the death of a tenant.

Below is a rent schedule for the various suggested vacating dates:

Date Amount
Rent due to end of month $
Rent due to end of following month $

We would appreciate knowing as soon as possible when the unit will be vacated.

Attached is a letter of instructions and a vacate notice.

Please contact at if you have any questions.

Sincerely,

Management Signature 14 Day Notice – Section 8/236 MHFA 2003