Tenant signed lease, moved, and died - Landlord Forum thread 325852

Tenant signed lease, moved, and died by Steve (NY) on October 18, 2014 @11:22

I rented to one person with a 2 year lease,
Tenant moved in with moving van and left to bring more items in and died. Family notified my and came to see what was in apartment. Not sure I should of let them in? They had the keys. They said they will be moving her things out. I do not know how to contact them. I did give them my number to let me know when the moving van will come. Do I need to find out who the executor is? Can I show the apartment? Is her estate still responsible for rent until I rent the apartment? What do I need to know and what do I need to do? Never experienced this. Thanks Steve

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Re: Tenant signed lease, moved, and died by LLJames (NY) on October 18, 2014 @12:51	[ Reply ]

Contact the Public Administrator's office for your county. They are the point person on deceased estate's and can help you out a bit. The estate is possible for rent until you re-rent the unit. You need to be in contact the executor of the estate to see if they want to continue to hold the lease (as they do have the right to do, but they do not have the right to re-assign occupancy without permission) or if they are looking to get out of the lease. If they're trying to get out of the lease, start showings immediately and make sure they are aware they are liable for the payments.

Re: Tenant signed lease, moved, and died

Re: Tenant signed lease, moved, and died by Bill on October 18, 2014 @12:59	[ Reply ]

What you have is family vultures coming by to see if anything good was left...especially jewelry and money. Strictly do not let them in. Instruct them to have the executor of the estate contact you. When he does, demand a letter from the lawyer he is using. But do not...do not allow any person in the rental. You are responsible for what happens to the contents. If no executor or lawyer contacts you, treat the goods like abandoned property that can be sold or converted to your own use in payment for delinquent rent. The meter does not stop. Someone still owes rent. You may want to get a legal opinion from a lawyer. But do not let him rope you into a schedule of work and payments. Simply as for options that you will take some time to consider. Do not sign anything.

Re: Tenant signed lease, moved, and died

Re: Tenant signed lease, moved, and died by Anonymous on October 18, 2014 @13:00	[ Reply ]

http://www.wny-lawyers.com/2010/06/01/if-your-tenant-dies-in-new-york/ http://biznik.com/members/james-dibbini/articles/landlords-rights-and-responsibilities-upon-the-death-of-a-legal

Re: Tenant signed lease, moved, and died by Garry (Iowa) on October 18, 2014 @20:57	[ Reply ]

I agree with Bill, that YOU,THE LANDLORD, should not give anyone keys to get in or unlock a door to let someone in. BUUUTTT-----you said THEY brought the correct keys with them to get in. Now, either someone STOLE your tenants keys, and is now stealing all his stuff, OOORRR ----maybe, just maybe the people are telling you the TRUTH about him passing away. You can ask questions and get car license plate numbers, and maybe even get names and see drivers licenses, but you cant stop them from going in, as long as they brought their own keys to get into your place. Its no different than if the tenant gave his keys to a family member or friend to go and check on the place when the T goes on a long vacation out of state. If it is all true, let the family clean the place out now, and then deal with the executator of the estate about the lease and the deposit money. Yes, this is a very uncommon situation, but don't go ballistic about all thing negative in this once-in-a-lifetime event.

Re: Tenant signed lease, moved, and died by Anonymous on October 19, 2014 @00:35	[ Reply ]

Her estate can have an attorney appointred that is not going to spend her money to rent a partially filled apt. No, you did not have the keys, they let themselves in with the tenants keys. Why did you not get a point person's phone number or even look at a driver's license to see who they were? Yes, you need to find out who is the executor, contact the executor, and have the executor come and get her belongings. Some executors will do this, some executors may be in very poor emotional shape, and you will have to box the stuff and put it to storage. The goal is to regain possession, which you can do once the rent is unpaid. Or you can do by working with the executor and having written permission to get the stuff moved to storage in a timely manner. How can you show the apt with her stuff still there? Technically the estate is responsible, but good luck in getting the estate to pay for a rental the person no longer needs. Estates often won't have enough funds to pay the bills the person has accrued, and they are not prone to paying rent on a place that is not needed.

Re: Tenant signed lease, moved, and died by Anonymous on October 19, 2014 @00:41	[ Reply ]

I would go and change the locks, and leave a note on the door of entry to have any relative or the executor contact you for the new key. If someone steps forward with information, contact the attorney and the attorney or court appointed probate official will be able to give you the contact information of the named executor of the estate, when they have the information. Put a working , answered phone number and address where you can be reached in the note.

Re: Tenant signed lease, moved, and died by Nicole (PA) on October 19, 2014 @08:29	[ Reply ]

I am amazed at all the responses assuming the tenant will have a probatable estate and/or an executor. what do all of you who "want" one do when there isn't one and won't be? Here, even if there is a probatable estate, it can't be opened until after the funeral ... a death certificate must be supplied with the Petition. Often times the cost of probating (which isn't much in Pennsylvania) is more than the value of the estate. In 30+ years of landlord, I have NEVER had a tenant who would have had a probable estate.

Re: Tenant signed lease, moved, and died

Re: Tenant signed lease, moved, and died by Anonymous on October 21, 2014 @02:32	[ Reply ]

The real challenge is the tenant was not moved in when they died. Although the contract to lease may have been signed, the tenant was not in possession. This contract will be unenforceable, especially because they had not technically taken possession. Sorry, I'm sure this isn't what you wanted to hear. Hurry up and get the stuff out and start trying to rent it out again.

Re: Tenant signed lease, moved, and died