Refund of Security Deposit when Tenant died

[CptnRn]

Originally Posted by bentlebee

The lawyer we deal with send out a newsletter a few months ago about this subject and basically we can't even let anyone into the property unless they were on the lease. No family and neither friends until it is legally determined who the legal heirs of the estate are.

There may not be any family member who will inherit anything but maybe a friend or a charity. If we would allow anyone in regardless of being a child or anyone else we are at risk of being sued by the legal heir if something is missing. I believe but not sure, that we have to wait 30-60 days to remove the stuff as a LL.

Without any rent coming in the security deposit can be claimed by LL.

What you wrote is partially correct, but I don't think it is completely accurate. You can let another person into the property if they have been named and legally approved as executor of the estate. In fact you must let them in as it is their legal responsibility to determine who the heirs are, thru the courts if necessary, and to settle the estate with all debtors, including landlords. If there is no executor to settle the estate, it would be wise for you to consult with your attorney before taking any action.

Plus under your scenario, what do you do about friends or relatives who also live there and are on the lease. Obviously you can't exclude them or their guests. If an executor is paying the rent and fulfilling the terms of the lease, then you have no right to remove the deceased possessions until the estate is settled. Then the estate could claim the deposit.

If there are no next of kin, no survivors or anyone to notify in case of emergency, nor is there an executor or anyone who shows any interest in settling the deceased's affairs, then your state laws may allow you to remove and store the deceased's property for a period of time before disposing of it.

[bentlebee]

Originally Posted by CptnRn

What you wrote is partially correct, but I don't think it is completely accurate. You can let another person into the property if they have been named and legally approved as executor of the estate. In fact you must let them in as it is their legal responsibility to determine who the heirs are, thru the courts if necessary, and to settle the estate with all debtors, including landlords. If there is no executor to settle the estate, it would be wise for you to consult with your attorney before taking any action.

Plus under your scenario, what do you do about friends or relatives who also live there and are on the lease. Obviously you can't exclude them or their guests. If an executor is paying the rent and fulfilling the terms of the lease, then you have no right to remove the deceased possessions until the estate is settled. Then the estate could claim the deposit.

If there are no next of kin, no survivors or anyone to notify in case of emergency, nor is there an executor or anyone who shows any interest in settling the deceased's affairs, then your state laws may allow you to remove and store the deceased's property for a period of time before disposing of it.

You are correct if others are on the lease they have to get access but otherwise not. We actually had it happen and on the lease was the mother and daughter had lived there as a minor and moved out and after the mom all of a sudden passed away we were not allowed to let anyone in until we were informed who the legal person was to go in.

Sorry I should have mentioned that but I was actually writing with this case in mind where no one else was on the lease.

Usually when it is a family living at a property there will not be an issue but if the person is living by themselves then it becomes an issue who to let in and who not even though it sounds mean the lawyer was very clear how you can get sued by the legal heir if you let someone else in and stuff is missing.

[jeffs 64]

it is my sister and i am the executor of her will and the state is iowa thanks jeffs 64

[CptnRn]

Originally Posted by jeffs 64

my sister payed her rent on a month to month bases she payed her rent on the 3rd of march 2015 i the brother and i am the executor of her will found her passed away in her apartment on the 7 th of march i called the landlord after she was taken away i told him she had pass away.he told me he was not going to be around until that Wednesday but wasn't pushing to get her stuff out but he needs to get it rented. myself and some friends had all of her stuff out of the apartment by the 11th of march and we cleaned the apartment completely and took pictures of it.then i text-ed him and told him the apartment was completely cleaned.he said had thirty day to give up her deposit.but what should i do if does not give the deposit back.

Originally Posted by jeffs 64

it is my sister and i am the executor of her will and the state is iowa thanks jeffs 64

Jeff,

I'm sorry for your loss. I know from personal experience that it is hard to deal with the loss of someone close to you and all the other legal technicalities and processes on top of it.

I can't say for sure what your state requires, but in my state I had to hire an attorney to ask the county judge to approve me as Executor for the estate even though I was clearly named in the will to be Executor. You need to verify what you must do in order to have that legal status.

Your sister's deposit, whatever amount she has coming back belongs to her estate. As executor it would be your responsibility to collect that and distribute it as part of her estate.

Laws vary from state to state regarding what the landlord must do in regard to returning or keeping part of the deposit. This discussion thread includes links to information regarding state landlord tenant laws for most states, some have better resources than others. You need to verify what your states requirements are if any. //www.city-data.com/forum/renti...nant-laws.html

In many states the landlord is required to return the deposit in 30 days, OR provide the tenant with an itemized list of deductions for damages, cleaning, unpaid utilities, etc, and if anything is left then to return that back to the tenant.

If you are legally approved by the state as executor then any remaining deposit should be returned to you. You may need to provide the landlord with a document such as the "Letters testementary" issued by the judge stating that you are authorized to act for your sister on behalf of the estate.

I wish you all the best...

[Ultrarunner]

I had a tenant pass that was on Section 8... there were other family members recently added to the lease.

The situation deteriorated because the utilities were shut off for non-payment.

I did the most expedient thing I could after speaking with my lawyer.

I offered the remaining two adults on the lease... her children, the full return of the Security Deposit plus $1000 if they vacated in 5 days and they did... having a home with candles and no sanitation for the 6 to 8 weeks an eviction would take was something I wanted to avoid plus they just suffered the loss of their mother who kept the family together...

My lawyer said it was the smartest move given the situation... now here is the kicker.

They left behind a lot of junk... some better and some pure junk... I packed it all into my enclosed trailer and left it at my home... five months later I get a demand letter from a lawyer saying I illegally disposed of estate property...

Called the lawyer and said I disposed of nothing... have all of it in storage and will deliver ALL of it anywhere in the city at no charge... he accepts after a long silence.

I go to deliver the property and the adults start to cherry pick... I say NO... my agreement said ALL property would be delivered and that is exactly what I did...

My point is it can be a minefield for a landlord... one wrong move and it's his or her neck.

There might not even be any security remaining which only means an accounting has to be given within the time prescribed...