The first most important step in the treatment of a past tenant, is the written notification of death. A landlord will usually find one of two options – either by a family member or by the tenant`s executor. This written notification is essential to begin the process of terminating the lease, the legal elimination of the tenant`s property and the preparation of the property for the next tenant. If the owner is the one who discovers death. Call the police immediately, as well as the emergency call listed by the tenant. Secure the rent and don`t move anything or remove something from the appliance. Wait for the authorities and emergency contact to arrive. Re-check your local and government laws regarding this type of event, and be prepared in advance if the opportunity arises. Most of the following information is detailed on how the property can be legally recovered after receiving the written notification.
Once the tenant`s death is determined, you can start preparing for the next lease. The deposit can be used for unpaid rent, wear beyond the normal amount and cleaning costs. Be sure to make a broken-down list of all deductions and give them to the nearest parent or estate administrator when the rest is returned. Here is a template letter to a tenant for the damages that can be used when deducting the items of the deposit. If the costs exceed the amount of the deposit, the landlord must ask for the tenant`s return in damages. If the lease is in common name, then the living tenant acquires the deceased tenant`s share through the so-called “right of survival”. So if a man and a woman rent a property together and the husband dies, it`s up to the only woman. The first point you may not have recognized is that if a tenant dies, their rent does not die with them. However, the result can vary considerably depending on the type of lease. If a landlord cannot contact the deceased tenant`s legal representative or the next relative, he can ask VCAT to terminate the tenancy agreement. The next is responsible for the rent of the deceased and the proof of free possession.
You must take care of the tenant`s property and arrange the cleaning of the property, including all specialized cleanings, if necessary. Remember to be sensitive and professional when dealing with the death of a tenant. Always keep excellent records of all the actions you do regarding ownership and contact with the executor or family. A tenancy agreement extends to the expiry date, even if the tenant dies, so much depends on whether the tenant was in a month to month or a longer term contract. Agents must follow the NSW RESIDENTIAL TENANCIES ACT 2010 – SECT 108 to deal with equitable rent deaths, including the delivery of leases, termination of leases, restitution of obligations, management of tenant property and declarations. Otherwise, legal questions could be asked. As a general rule, the official written notification of the tenant`s death acts as a 30-day notification and signals the end of the tenancy agreement. The estate is responsible for paying all rents due to the owner 30 days after written notification. Coordinate with the executor on the removal of property and cleaning of the rented property until the corresponding date. At EBM RentCover, the duty of care and consideration advances everything we do, and we are here to be the voice of knowledge in times of uncertainty.
While we hope you will never have to deal with the death of a tenant, we hope that these tips are useful if you do: the end of the lease is usually the least risky part. It is important to recognize, especially if there are assets in the tenant`s estate, that the lease is not necessarily terminated simply by telling the landlord that the tenant is dead and returning the keys.