What to do when a renter dies?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption