What to do when a renter dies?

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What to do when a renter dies?

What is the proper protocol for a landlord when a renter dies or because

incapacitated, and no emergency contact is given or family members refuse to

have anything to do with the situation. This is beginning to be an issue in

retirement communities.

Asked on February 21, 2018 under Real Estate Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Contact the authorities as appropriate (e.g. police; 911). Otherwise, you treat it--from a landlord-tenant law point of view, anyway--the same as you would any other case of a tenant "skipping" or becoming incommunicado. For example, the tenant or his/her estate (if he/she died) remains in possession of the unit until evicted; he or she (or his/her estate) may be evicted for the usual reasons, by the regular protocols, such as by taking action to evict for nonpayment or rent when a deceased or incapacitated tenant fails to pay rent when due.


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