Landlords and property managers face various challenges, from water leaks and appliance breakdowns to fire damage. However, the death of a tenant is an uncommon and complex situation that requires a different approach.
This article provides practical tips for handling such a scenario with diligence and care. While this situation may be rare, it is always beneficial to be prepared.
Immediate steps for landlords and property managers
If you discover that a tenant has passed away on the property, the first and most crucial step is to call 911 immediately. Not disturbing the scene until emergency services arrive is essential, as this can be crucial for any subsequent investigations.
Ensure that no one enters the property during this time. Once emergency services have taken over, the next step is to contact the tenant's family or emergency contact. This step is critical for determining if there is a will and identifying the personal representative who will handle the tenant's estate.
Handling the lease and tenant’s belongings
When there is a valid will, the personal representative becomes the main point of contact for matters related to the lease, such as rent payments, the move-out inspection, and the security deposit. The tenant's estate is generally responsible for these obligations unless the will or a court order states otherwise.
For periodic leases, the lease typically ends at the end of the following month, provided there are no other tenants. In the case of fixed-term leases, the lease remains in effect until its original end date unless the personal representative and the landlord agree otherwise and no surviving partners or spouses reside in the property.
If rent payments cease due to insufficient funds in the tenant's estate or because a surviving spouse or partner remains at the property and fails to complete rental payments, landlords have the option to file a court application.
This legal action can require the person residing in the property to pay the rent. The court will assess all relevant factors to determine who should be responsible for the rental payments. Consulting with a lawyer for further guidance is advisable in these situations.
Surviving tenants, spouses, or adult interdependent partners
Under the Wills and Succession Act, surviving spouses or adult interdependent partners are entitled to stay in the rental property for a temporary period of 90 days, even if they are not named in the lease agreement. However, if they are not listed on the lease and do not have explicit permission to live at the property, the landlord may issue a notice to vacate after this period.
If other tenants remain in the property and are named in the lease agreement, the lease continues as usual until its specified end date. This ensures continuity and stability for the remaining tenants.
When in doubt, reach out!
Handling the lease and belongings of a deceased tenant requires sensitivity, clear communication, and strict adherence to legal protocols. If you are uncertain about any aspect of this process, seeking advice from a lawyer is crucial. For more detailed information and resources, consider visiting the following links:
- Home - Landlord and Tenant - CPLEA
- Find a Lawyer - Law Society of Alberta
- Landlords and tenants – Rights and responsibilities | Alberta.ca
Being prepared for such an uncommon situation can make a significant difference in how effectively and compassionately it is handled.
Did you know CREB® offers a Property Management Masterclass speaker series?
In the Legal Insight category of the Webinar Library, you can watch recordings of speakers presenting on tenancy issues on demand.
Or check back on the Upcoming Courses page of CREB®Link in the fall for additional speakers presenting on other property management topics, including Vetting Commercial Tenants and Residential Tenancy Agreements from A to Z.
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