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Old 11-29-2010, 10:31 PM
 
Location: earth?
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I have two unhealthy relatives and have been wondering about what would happen to their apartments if they were to die. I am the one in the family who is expected to figure this stuff out and I have been racking my brain and wonder what happens . . . both of these people are somewhat on the fringe of society, which is why it is more of a problem than you might think it would be for regular relatives:

Person #1: Lives maybe 200 miles away - no one in the family has ever been to his apt. He has a close friend in town that I know of. The relative is not in great health and is in his early 70's.

Person #2: Lives locally. Is disabled and has a very filthy environment. Can hardly be visited because of the state of the apartment. Has a maid, but there are still issues.

What is the normal course of events when someone dies who lives in an apartment and does not have close relatives? Who cleans out the apartment? Do people hire other special crews to do this? What about going through papers and stuff?

What do landlords do when someone dies in an apartment? What if a person dies on the 30th of the month and rent is due?

Has anyone else thought about these issues? I just want to be prepared and I honestly have no idea what to do. It feels very overwhelming.

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Old 11-30-2010, 10:37 AM
 
Location: Seaford, Delaware
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As a LL, I plan ahead for every tenant that may disappear or die. The application has an immediate contact person who is authorized to enter the apartment or house. That is the only person I would allow to enter a residence if the tenant was not avaiable. it is up to the tenant to designate who can be allowed in and or to remove property. I have had to use the contact on more than one occasion. i had a tenant in hospital for an extended period of time and family and friends would call me to let them into the apartment. NO way. Only one person, designated on the application, was allowed to enter. It got very nasty when I refused relatives entrance to the apartment. The tenant had made arrangements to get the rent paid.
As for rent, if the person dies, the responsible party can be responsible for the rent if they try to keep the apartment. I had one tenant die and the responsible person paid one months rent while they moved everything out.
Check your state and local statutes for rules on how to remove the contents and what to do with them. Every state or locality has thier own rules.
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Old 11-30-2010, 11:52 AM
 
Location: earth?
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People die every day. You would think there would be more information on this subject. It is a very practical problem. I don't want to be searching through statutes when I have to face these issues.

Thank you for your response.
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Old 11-30-2010, 01:48 PM
 
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Upon death... the lease is cancelled.

Property is disposed of according the applicable law.

The landlord can immediately gather all the items and store off site.

The Estate or person designated by the agreement can retrieve items by reimbursing landlord for reasonable costs incurred.

After a prescribed time, the items are subject to public sale, the cost deducted and balance turned over to the State.

The above is the condensed version.

It is important to realize the Landlord has a duty to mitigate loss... this means a Landlord is not justified in leaving the tenants items in the unit at market rent if alternatives such as public storage are available for less.
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Old 11-30-2010, 03:51 PM
 
Location: earth?
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Very interesting. Can someone tell me what to search to find applicable City statutes on this issue . . . what words to put into google or whatever . . .

Thanks again!

I am not sure why this is not common knowledge or maybe it is and I am the only one who cannot figure it out.
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Old 11-30-2010, 04:14 PM
 
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as was said, each state and maybe some large cities may have their own regulations. Try first searching your states "landlord tenant" code followed by your local county or city laws. You may also want to check with the court that handles decessed people's estate as they may also have some rules you have to follow.

It may feel overwhelming but being a landlord is a business and you have to be prepared to be in that business with all the rules and regulations and laws that comes with it. if the business overwhelms you, maybe you need to look at another business.
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Old 11-30-2010, 04:22 PM
 
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Page 65 of the California Department of Consumer Affairs Tenant Handbook has a few answers.

http://www.dca.ca.gov/publications/l...k/catenant.pdf
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Old 11-30-2010, 04:25 PM
 
Location: earth?
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Quote:
Originally Posted by PacificFlights View Post
as was said, each state and maybe some large cities may have their own regulations. Try first searching your states "landlord tenant" code followed by your local county or city laws. You may also want to check with the court that handles decessed people's estate as they may also have some rules you have to follow.

It may feel overwhelming but being a landlord is a business and you have to be prepared to be in that business with all the rules and regulations and laws that comes with it. if the business overwhelms you, maybe you need to look at another business.
This is really funny. Either you have poor reading comprehension skills or you did not read my initial post in which I said these people are relatives . . .Nowhere did I say I was their landlord.
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Old 11-30-2010, 04:28 PM
 
Location: earth?
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Thank you, Ultrarunner!
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Old 11-30-2010, 07:39 PM
 
Location: West Virginia
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I lived in Senior Housing as a Tenant. When most of the elderly passed away the relitives just called the Salvation Army &/or Rescue Mission. They took the Furniture Clothes Etc. Apt Cleaning crew did the rest.
I know where you are comming from. When my mom died I Asked my bros & Sister IF they wanted anything to go get it....BIG mistake!! Since my bros had furnshed the apt I was expecting them to take the furniture & I come behind & pack & clean the rest NOT. All they did was take the Vacume Cleaner & Photo Albums & Pics Inc Mine!! Not seen or heard from them since. I got stuck cleaning out Eveything else Was Not Pretty...mom was a Horder!!! So good luck!
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