Tennat passed

[SmallLandlord]

What is the name of your state? Florida

We just bought a property and around the closing, the tenant passed away in hospital. We didn't know the tenant, apparently, she has no family.

The lease has the following:

29. ABANDONED PROPERTY: BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGREES THAT UPON SURRENDER, ABANDONMENT, OR RECOVERY OF POSSESSION OF THE DWELLING UNIT DUE TO THE DEATH OF THE LAST REMAINING TENANT, AS PROVIDED BY CHAPTER 83, FLORIDA STATUTES, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT'S PERSONAL PROPERTY.

I found that this clause is specially mentioned here:

https://www.flsenate.gov/laws/statutes/2019/83.67

However, the former property manager tells me I have to wait 60 days to even enter the unit. He could not show me where this comes from.

I found this page:
http://www.naylornetwork.com/FAP-nwl/articles/?aid=39215&projid=2461

WHEN CAN A LANDLORD TAKE POSSESSION OF THE APARTMENT?

When a tenant dies, the lease termination is a matter of law. The Florida Legislature added Florida Statute 83.59(d) to allow a landlord to take possession of an apartment when all of the following conditions have been fulfilled:

1. The last remaining tenant in the apartment has died. (If there is another tenant on the lease, the lease remains in effect with regard to that tenant.)
2. The rent is unpaid.
3. 60 days have elapsed following the date of death.

However, even if the foregoing conditions have been fulfilled, the landlord may not take possession of the apartment if the landlord has been notified, in writing, of the existence of a probate estate or of the address of a personal representative.


I am not sure what to do now.

 

[FarmerJ]

You didnt say how you knew the tenant has died but if its true I suggest you send a letter via confirmed mail delivery that is addressed to tenant name OR estate of tenant name and in it outline that you were made aware that the tenant of record has died and the executor of the estate will have to contact you to gain access. Keep a copy stapled to your postal receipt for your records I suggest you go in with a camera and take a video inventory of the personal property in the unit and document what is in there for your own records and consider changing the locks to make sure that anyone who wants access and had a set of her keys to contact you. Utilities the only one that you will need is perhaps the electricity especially if she had a freezer besides the fridge so you might have to contact the electric co.

 

[LdiJ]

What is the name of your state? Florida

We just bought a property and around the closing, the tenant passed away in hospital. We didn't know the tenant, apparently, she has no family.

The lease has the following:

29. ABANDONED PROPERTY: BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGREES THAT UPON SURRENDER, ABANDONMENT, OR RECOVERY OF POSSESSION OF THE DWELLING UNIT DUE TO THE DEATH OF THE LAST REMAINING TENANT, AS PROVIDED BY CHAPTER 83, FLORIDA STATUTES, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT'S PERSONAL PROPERTY.

I found that this clause is specially mentioned here:

https://www.flsenate.gov/laws/statutes/2019/83.67

However, the former property manager tells me I have to wait 60 days to even enter the unit. He could not show me where this comes from.

I found this page:
http://www.naylornetwork.com/FAP-nwl/articles/?aid=39215&projid=2461

WHEN CAN A LANDLORD TAKE POSSESSION OF THE APARTMENT?

When a tenant dies, the lease termination is a matter of law. The Florida Legislature added Florida Statute 83.59(d) to allow a landlord to take possession of an apartment when all of the following conditions have been fulfilled:

1. The last remaining tenant in the apartment has died. (If there is another tenant on the lease, the lease remains in effect with regard to that tenant.)
2. The rent is unpaid.
3. 60 days have elapsed following the date of death.

However, even if the foregoing conditions have been fulfilled, the landlord may not take possession of the apartment if the landlord has been notified, in writing, of the existence of a probate estate or of the address of a personal representative.


I am not sure what to do now.

What is the name of your state? Florida

We just bought a property and around the closing, the tenant passed away in hospital. We didn't know the tenant, apparently, she has no family.

The lease has the following:

29. ABANDONED PROPERTY: BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGREES THAT UPON SURRENDER, ABANDONMENT, OR RECOVERY OF POSSESSION OF THE DWELLING UNIT DUE TO THE DEATH OF THE LAST REMAINING TENANT, AS PROVIDED BY CHAPTER 83, FLORIDA STATUTES, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT'S PERSONAL PROPERTY.

I found that this clause is specially mentioned here:

https://www.flsenate.gov/laws/statutes/2019/83.67

However, the former property manager tells me I have to wait 60 days to even enter the unit. He could not show me where this comes from.

I found this page:
http://www.naylornetwork.com/FAP-nwl/articles/?aid=39215&projid=2461

WHEN CAN A LANDLORD TAKE POSSESSION OF THE APARTMENT?

When a tenant dies, the lease termination is a matter of law. The Florida Legislature added Florida Statute 83.59(d) to allow a landlord to take possession of an apartment when all of the following conditions have been fulfilled:

1. The last remaining tenant in the apartment has died. (If there is another tenant on the lease, the lease remains in effect with regard to that tenant.)
2. The rent is unpaid.
3. 60 days have elapsed following the date of death.

However, even if the foregoing conditions have been fulfilled, the landlord may not take possession of the apartment if the landlord has been notified, in writing, of the existence of a probate estate or of the address of a personal representative.


I am not sure what to do now.

I agree with Farmer that it would behoove you to enter the unit and document the condition, and make sure that there are no animals that need tending or anything else for that matter that would be problematic if not dealt with. Personally, I would empty the fridge of anything perishable since it could ruin the fridge if you do not.

I also agree that sending a letter as he suggested. I would go further however and check the records to see if there was an emergency contact for the tenant. Even people without family usually have someone that they list as their emergency contact. I disagree about changing the locks, at least not right away. If you do anyway, I would recommend that you post a notice on the door that you have done so, with good contact information for you...and make sure that you are available at a moment's notice. If someone shows up with a moving van to clear out the apartment and can't get in, they are going to be pretty ticked off.

And yes, it appears that the manager was correct that you have to wait 60 days to take possession, but wrong that you have to wait 60 days to enter.

 

[adjusterjack]

Here is 83.59:

Chapter 83 Section 59 - 2019 Florida Statutes - The Florida Senate (flsenate.gov)

I agree with FarmerJ and LdiJ on what to do, but suggest even one more step. Check the probate court records for the tenant's name. The probate file is public record and should give you the name and contact information of the representative of the estate if probate has been opened.

Remember, you are still entitled to rent while the property is occupied by the tenant's estate.

Did you get the security deposit transferred to you at close of escrow?

 

[SmallLandlord]

Thanks for all your input.

The former property manager sent me evidence that she passed.

Now it gets more complicated. Apparently, she has a son, who is in jail. I don't know his name.

There is a druggie in the house that says he is her caretaker, but he did not know she passed 20 days ago. He says he does not live there. He moved a few of his buddies in. There are two dogs that apparently belong to the old lady.

The deposit will be transferred to us by the old manager.

(And just that you don't think we are crazy. This is a duplex for 200K, market value is 300K.)

 

[Gail in Georgia]

Sounds like you've got some squatters. Get them out and yes, change the locks because of this. You do have the right to secure the property; if someone makes a "stink" your argument would be you were protecting the former tenants personal items.

Check Florida landlord/tenant laws regarding any need for storage of anything left behind by the tenant (which may likely be a whole houseful of things). Just because a lease says the landlord is not responsible may not be what the state law requires.

Unfortunately Animal Control may need to be contacted regarding the two dogs.

Would the previous owner (or the former property manager) be able to provide you with information on an "emergency" contact. Many applications provide a space for this. The hospital may also have this information but it's doubtful they would release this to you.

Gail

 

[adjusterjack]

There is a druggie in the house that says he is her caretaker, but he did not know she passed 20 days ago. He says he does not live there. He moved a few of his buddies in. There are two dogs that apparently belong to the old lady

Trespassers. Call the police.

(And just that you don't think we are crazy. This is a duplex for 200K, market value is 300K.)

I owned rentals for 20 years. I don't "think" you are crazy. I "know" you are crazy.

I was crazy to have done it for 20 years.

The law on a former tenant's property is not, ironically, found in the landlord tenant statutes. It's in the Property statutes 715.104 through 715.111.

Statutes & Constitution :View Statutes :->2020->Chapter 715 : Online Sunshine (state.fl.us)

 

[SmallLandlord]

I owned rentals for 20 years. I don't "think" you are crazy. I "know" you are crazy.

Hahaha. Yes, but they compensate me well ;-)

Thanks for all your help!

 

[STEPHAN]

29. ABANDONED PROPERTY: BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGREES THAT UPON SURRENDER, ABANDONMENT, OR RECOVERY OF POSSESSION OF THE DWELLING UNIT DUE TO THE DEATH OF THE LAST REMAINING TENANT, AS PROVIDED BY CHAPTER 83, FLORIDA STATUTES, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT'S PERSONAL PROPERTY.

That clause is totally legal, it is even mentioned in the law as an option.