Tenent Died. Family 'keeping" apartment - Landlord Forum thread 344680

Tenent Died. Family 'keeping" apartment by Walter on April 27, 2016 @11:16

Apartment was occupied by an elderly woman. Her family would often check on 'Auntie' and often spent a few nights with her. We rented to Auntie before we knew about LPA application lease agreements. She was month to month. Her nephew "Sammy" verbally told us that auntie passed away. My husband asked him if the family was keeping the apartment and was told yes. Then because my dear husband was overwhelmed with client work (the apartment is over our small design firm office) He left it at that.(I know!)I have tried several times to get a hold of Sammy even leaving voice mail. I'm preparing a 30 day notice but I don't know Sammy's last name. How should I address the 30 day and is there anything else I should do?

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Re: Tenent Died. Family 'keeping by Garry (Iowa) on April 27, 2016 @11:49	[ Reply ]

So why are you in such a hurry to give the grieving family a 30 day notice to move the tenants things out. Wait til May rolls around, and see if the relatives contact you to pay the rent for May. At that point in time, you can ask them what they plan to do with the apartment. From your post, I don't see any reason for you to give any kind of notice to the relatives unless the rent doesn't get paid. Obviously, the relatives cared for their "auntie" enough to stay there to take care of her in her last days on earth. Don't come across as the mean, uncaring landlord, who is thinking only about how much money he can make. If anything, you should be offering your services in any way possible to help the grieving family in their loved one's time of passing.

Re: Tenent Died. Family 'keeping

Re: Tenent Died. Family 'keeping" apartment by Magic Mike on April 27, 2016 @12:09	[ Reply ]

You could address it to Sammy and all occupants as a catch all.

Re: Tenent Died. Family 'keeping" apartment by anon on April 27, 2016 @14:11	[ Reply ]

Once you and your husband accept rent, you have new month to month tenants. I'm surprised to what limits you went to in order to contact the new family--you even went as far as leaving a voice mail... I hope you realize how ridiculous that sounds. Also, your husband inferred that they could stay when he asked the new tenants if they would be keeping the apartment... What are the relevant dates of death, paid rent, next rent due...Get a lawyer

Re: Tenent Died. Family 'keeping" apartment by Anonymous on April 27, 2016 @14:16	[ Reply ]

You should check your state's statues for what happens to a rental contract if the tenant dies. For instance, in Wisconsin, the date the person passes essentially acts as a 30 day notice to the landlord (we actually had this happen last month). Unless someone in the familiy is on the lease, you do not need to allow them to stay...however, considering the situation, you may want to meet with them and discuss the apartment. If someone wishes to stay, you should make it clear that they will need to qualify and they would need to sign a lease. If they decide otherwise, you may want to allow them to pay an additional month of rent if their Auntie passed close to the end of the month. Do not forget that it is YOUR property. Whatever they do, it must agree with you. you can be empathetic withe them while protecting your position. Good luck with it.

Re: Tenent Died. Family 'keeping" apartment