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part1 - Landlord Forum thread 122106

part1 by Anonymous on May 26, 2006 @20:48

                              
AN ACT CONCERNING DEATH OF A TENANT.

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.

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