Death in a Unit
It is not uncommon to have a resident pass away at a property, whether in their apartment, on the grounds, or even in a hot tub or pool. Sometimes, the on-site manager can anticipate this in advance, perhaps if a tenant is elderly or ill. Good on-site managers make sure to check in on such tenants and will notice if the tenant has not been seen or heard of recently. Other deaths are sudden or even violent and require training to handle properly.
If you believe that one of your tenants might be in trouble or may have died, you can call the police to do a wellness check. A tenant may be incapacitated inside a unit and unable to call for help. If the police finds a body they will call in the coroner, investigate the cause of death, and notify the next of kin.
If you discover a body, you can check for signs of life, but do not disturb anything in the unit or vicinity. If a person is non-responsive, call 911. If you are an on-site manager, also call your supervisor. Your supervisor should notify the property owner.
The police will request any information on the deceased that the building management might have, so their file should be readily accessible. Check for emergency contact information, as the police will use this to identify the next of kin. Managers should ask the police to let them know once the next of kin have been notified and also request a copy of the police report for the tenant files.
Leasing a property after a death
Once the body has been removed, the management may not be given access to the unit until the coroner and the police have completed their investigations. The authorities will advise when it is O.K. to re-enter the apartment.
When you have been granted access to the unit, you must work quickly to prevent any permanent damage. If there are any pets, the emergency contact needs to know that they require care. Animal control should be called if no one is available to take care of the pets.
The unit should be cleaned as soon as possible. Any items that are contaminated with bodily fluids will need professional cleaning or removal (including carpeting, flooring, chairs, mattresses, walls, and sheetrock). Jeff Darr, owner of Crime Scene Service in Monroe, NC, noted in a recent article that, “A decomposed body is one of the worst health hazards. Time and temperature influence decomposition, and the fatty tissue in a human body is like kerosene in that it won’t evaporate like gasoline will. It’s a greasy substance and it absorbs into the carpet and the floor. If someone dies in bed, the fluids can seep through the mattress, the box spring, the carpet, the floor—and sometimes you even have to pull up the sub-floor; the hepatitis B or C virus can live outside the body for seven days.” His and other death cleaning companies have chemicals that kill that hepatitis, MRSA, and staph. Check on the property or tenant’s insurance policies if the coverage includes this service.
Any cleaning efforts may be hampered by the presence of the tenant’s personal affects, and the process of relinquishing this property must follow specific instructions established by law. It is a good idea to check with an attorney to be sure that you follow the process correctly.
Public notice
Abandoned property rules require the posting of an abandonment notice. In Oregon, the abandonment rights and responsibilities apply to an heir or devisee, any personal representative named in a will or appointed by a court, and any person designated in writing by the tenant to be contacted by the landlord in the event of the tenant’s death.
The abandonment notice must be mailed to ALL of the following three parties: the deceased resident, at the rental address; any heir, devisee, personal representative or designated person known by the landlord, and the “Estate Administrator of the Department of State Lands.”
You must allow the heir, devisee, personal representative and estate administrator the opportunity to remove the personal property if they contact you within 8 days of mailing the notice and provide reasonable evidence that they are in fact the heir, devisee, or personal representative or estate administrator. With the help of the police, establish a list of individuals authorized to enter the unit. Request the ID of anyone who arrives to remove the personal items to verify their identity.
If they need a few extra days, that’s fine, but establish a date in which the unit will be back to re-rent. If the next of kin wants to continue to control the unit, rent will need to be paid. Also, if the tenant left unpaid rent, notify the estate of this and when the next rent payment will be due.
If property is unclaimed, it should be auctioned and the proceeds sent to Department of State Lands Unclaimed Property. If a balance is less than $5,000, that amount can be counted toward tax losses. If the balance owed is over $5,000, you may wish to pursue the estate.
Some circumstances require a public response. In the case of a violent death, consult the police on the proper procedure to inform residents. Make the response timely to calm fears — within 48 hours. You may also want to organize a neighborhood watch or ask the police to drive through more often for the weeks after the incident. In higher crime areas, it may be a good investment to hire a security company to increase the visible security on the property.
In cases where a long-term and/or much loved tenant has passed, you may want to express your condolences to the surviving family by sending a sympathy card and allow fellow tenants to pay their respects by organizing a community get-together honoring the life of the tenant.
Summary
A death in a unit is typically an unplanned event, often a traumatic one in cases of suicide or murder.
This creates an environment of uncertainty for the on-site manager, the neighboring tenants, and the property owner. Communication is important, and so is humanity. Though the unit may remain vacant longer than anyone would like, showing compassion to family members who may not have anticipated the travel or storage of the deceased’s property, not to mention the loss of their loved one, is more important than a timely turn.
Clifford A. Hockley, CPM, CCIM, MBA
Cliff is a Certified Property Manager® (CPM) and a Certified Commercial Investment Member (CCIM). Cliff joined Bluestone and Hockley Real Estate Services 1986 and successfully merged that company with Criteria Properties in 2021.
He has extensive experience representing property owners in the sale and purchase of warehouse, office, and retail properties, as well as mobile home parks and residential properties. Cliff’s clients include financial institutions, government agencies, private investors and nonprofit organizations. He is a Senior Advisor for SVN | Bluestone.
Cliff holds an MBA from Willamette University and a BS in Political Science from Claremont McKenna College. He is a frequent contributor to industry newsletters and served as adjunct professor at Portland State University, where he taught real estate-related topics. Cliff is the author of two books, 21 Fables and Successful Real Estate Investing; Invest Wisely Avoid Costly Mistakes and Make Money, books that helps investors navigate the rough shoals of real estate ownership. He is the managing member of a real estate consulting practice, Cliff Hockley Consulting, LLC., designed to help investors and commercial brokerage owners successfully navigate their businesses. He can be reached at 503-267-1909 , Cliffhockley@gmail.com or Cliff.Hockley@SVN.com.
