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Rental property and death of a tenant

Posted on 3/12/15 at 10:14 am
Posted by mpar98
Baton Rouge
Member since Jan 2006
8034 posts
Posted on 3/12/15 at 10:14 am
So if someone passes and essentially terminates the lease early, it it common practice for the security deposit to be refunded or not?
Posted by Croacka
Denham Springs
Member since Dec 2008
61441 posts
Posted on 3/12/15 at 10:16 am to
Did they die on the carpet?
Posted by Carson123987
Middle Court at the Rec
Member since Jul 2011
66377 posts
Posted on 3/12/15 at 10:17 am to
quote:

essentially terminates the lease early


Posted by 777Tiger
Member since Mar 2011
73856 posts
Posted on 3/12/15 at 10:17 am to
quote:

it it common practice for the security deposit to be refunded or not?


good question, I'll have to look at the lease I use, I'm a pretty good landlord and fairly moral and ethical, I'd more than likely give it back, after I made sure that the tenants family didn't bump them off to collect, I rent to a lot of old people in FL so that is a possibility
Posted by toosleaux
Stuck in Baton Rouge traffic
Member since Dec 2007
9204 posts
Posted on 3/12/15 at 10:17 am to
Legality and common practices aside, what the frick kind of a-hole landlord wouldn't refund the deposit to the next of kin?
Posted by MasCervezas
Ocean Springs
Member since Jul 2013
7958 posts
Posted on 3/12/15 at 10:17 am to
interesting question.

if it's suicide i wouldn't refund
Posted by hoopsgalore
Chicago, IL
Member since Nov 2013
8635 posts
Posted on 3/12/15 at 10:18 am to
quote:

essentially terminates the lease early


Posted by tgrbaitn08
Member since Dec 2007
146214 posts
Posted on 3/12/15 at 10:19 am to
Whos going to pay to have his shite removed and clean the refrigerator? If the next of kin doesn't then am I supposed to foot that bill?
Posted by lsunurse
Member since Dec 2005
128950 posts
Posted on 3/12/15 at 10:19 am to
quote:

Legality and common practices aside, what the frick kind of a-hole landlord wouldn't refund the deposit to the next of kin?


Well what if there was a lot of damage in the property? Seems like then legally the landlord has the right to keep security deposit for damages.
Posted by Sao
East Texas Piney Woods
Member since Jun 2009
65617 posts
Posted on 3/12/15 at 10:21 am to

I would keep it. That oven won't clean itself you know.
Posted by 777Tiger
Member since Mar 2011
73856 posts
Posted on 3/12/15 at 10:21 am to
quote:

what the frick kind of a-hole landlord wouldn't refund the deposit to the next of kin?


because, in my experience, I've seen the next of kin manipulate an elderly relative to drain off their money, move the old fart out and move in without authorization and leave the place trashed
Posted by lsufan251875
Member since Jul 2008
3159 posts
Posted on 3/12/15 at 10:24 am to
quote:

Whos going to pay to have his shite removed and clean the refrigerator? If the next of kin doesn't then am I supposed to foot that bill


I'd say just follow the terms of the lease.

Give them until the end of the month (I'd be lenient a week or two depending on how much longer the lease is), and return the deposit based on the condition of the property. Pretty standard.
Posted by Putty
Member since Oct 2003
25483 posts
Posted on 3/12/15 at 10:27 am to
quote:

Did they die on the carpet?


Posted by 777Tiger
Member since Mar 2011
73856 posts
Posted on 3/12/15 at 10:29 am to
quote:

Did they die on the carpet?


I've actually had to hire a cleaner to come in after a death in a residence, it's not cheap, almost like a hazmat cleanup
Posted by hollywoodlsu
NOLA, BR, LAFFY, LC
Member since Apr 2006
260 posts
Posted on 3/12/15 at 10:29 am to
Unless the lease says otherwise, sounds heritable. If the heirs can enjoy the lease, they should also be responsible for the deposit.
This post was edited on 3/12/15 at 10:32 am
Posted by Tortious
ATX
Member since Nov 2010
5132 posts
Posted on 3/12/15 at 10:29 am to
My mom died in her apartment right before end of the month. I knew it would take me a few days past next month to get her stuff out. Landlord wanted full rent for that month because they said the lease required 30 days notice and didn't have an exception. I told her that she could take my prorated rent til the 5th or she could sue my mom for the full month and the rest of the lease She took my money.
Posted by 777Tiger
Member since Mar 2011
73856 posts
Posted on 3/12/15 at 10:30 am to
quote:

I told her that she could take my prorated rent til the 5th or she could sue my mom for the full month and the rest of the lease She took my money.


that's just being an arse on the landlord's part, Hebrew?
Posted by lsunurse
Member since Dec 2005
128950 posts
Posted on 3/12/15 at 10:32 am to
quote:

I've actually had to hire a cleaner to come in after a death in a residence, it's not cheap, almost like a hazmat cleanup



Well would you want to move into a place where someone died and they just used some soap and water and Lysol to clean up?
Posted by tgrbaitn08
Member since Dec 2007
146214 posts
Posted on 3/12/15 at 10:33 am to
as long as someone (the next of kin) keep paying the rent the lease stays in tact. If by the 5th day no rent is paid then I'll start moving their stuff out, cleaning the apt and take it out of the deposit. If I have to rent a storage shed that will be deducted as well.
Posted by jbgleason
Bailed out of BTR to God's Country
Member since Mar 2012
18894 posts
Posted on 3/12/15 at 10:36 am to
quote:

or she could sue my mom for the full month and the rest of the lease


Called American Express to pay off a relative's bill after they died. AMEX didn't want to "allow me access to the account" even though I faxed them a Death Certificate. I was on the phone with the lady and I said "you understand I am trying to GIVE you money? If you don't want it, then you can put it on her credit report, she doesn't care because she is dead." LONG PAUSE and then: "I see your point sir, what method of payment would you like to use?" Haha.
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