What to do if a tenant dies



The death of a tenant is a tragedy for their family and friends – and it’s a time when landlords need to show true compassion, says Carolyn Majda, General Manager of Terri Scheer Insurance.

“Getting the balance right between compassion and minimising financial loss can be challenging,” she says.

“I initially didn’t think these types of situations happened all that often, and I thought it was good to include it in our policy just in case. But I’ve actually found that when I go around the country and meet with different real estate agencies, most of the property managers have, throughout the course of their career, come across this at least once.”

Often it’s the property manager who is faced with the unfortunate reality of finding the dead body, because they’re the ones who check into the situation to see why the tenant has stopped paying rent.

Majda says that in 2009, Terri Scheer Insurance processed 21 claims on behalf of landlords whose tenants had passed away in their property.

“It surprised me, because it’s more than I thought we’d get,” she says. “It happens more in units than in houses, because that’s when people are more likely to be living on their own. They can be dead for quite a while before anyone finds them.”

Landlord insurance usually provides coverage in this instance, but it will depend on the specific details of your policy.

“Landlord insurance is available to cover the loss of rental income due to the death of a tenant – provided that tenant was the only person named on the lease,” Majda explains.

“If there are two names on the lease, and the surviving tenant is no longer able to pay the rent, the loss of rent would still be covered by landlords insurance, but it would classified differently. The payout wouldn’t relate to the death of the tenant, but would be triggered because the tenant stopped paying rent.”

A good landlord insurance policy should cover the rent arrears and loss of rent that accrues while the tenant’s goods are removed, the property is cleaned and the period of vacancy until a new tenant is found, Madja says.

“You need to check the details of your policy to be certain. In the case of Terri Scheer Insurance’s Landlord Preferred Policy, cover extends for up to 15 weeks or until the property is re-let, whichever is the shorter period of time,” she says.

“Depending on the cause of the death, there can be a bit of stigma attached tot the place, which can make it harder to re-let. So we always takes that into account and cover the loss of rent for an extended period.”

In addition to lost rental income, there should also be a provision for cleaning costs when you process your claim.

“Generally with the composition of the body, bodily fluids can seep into carpets and bedding, and there’s a lot of cleaning that needs to be done, so we take into account those type of things,” Majda adds.

“But I recommend that people really check their policies now, before something like this happens.”

What landlords should do in the event of a tenant’s death:

  • Check whether you have a current landlord insurance policy
  • Clarify the insurance provisions to determine whether rent arrears and future rent loss are covered in the event of a tenant’s death
  • In cooperation with the family, remove the tenant’s belongings
  • Clean the property, with the aid of professional cleaners if necessary
  • Source a copy of the tenant’s death certificate – insurance companies will require a copy of the tenant’s death certificate, which might not be available until at least four weeks after the tenant’s death and can be sourced from the deceased person’s family
  • Landlords who are unable to obtain a copy of the death certificate should contact their insurance company for further advice. Some insurers might accept a death notice from the newspaper in lieu of a death certificate
  • Begin advertising the vacancy as soon as is feasible, keeping written evidence of their advertising activity to assist with the insurance claim
  • When the property has been re-let, submit an insurance claim with relevant supporting documentation
  • Act with care and sensitivity

Source: Terri Scheer Insurance

Do you have more than $200k in your super fund? You could use your super to buy property - Find out how

Top Suburbs : st kilda west , alderley , werribee , north lambton , wentworthville

go back
  • rebecca baxter says on 20/11/2012 08:03:37 AM

    unfortunately the lack of compassion in our case is non exsistant. My brother was recently killed in a road traffic accident where he was killed instantly, the pain and loss this caused us as a family is unimaginable. He was renting his property and when we got in touch with the estate agents we was appalled and disgusted at the response of the landlord/lady ... we were told that we had no rights to sort out his belongings with out a member of your move present and that we had until the 1st of november to get out . The property was put back on the market straight away with veiwings being held the day after we buried him . The landlady then visited the property and showed no compassion what so ever just disrispect. She now wishes to claim 200 ponds of his thousand pound bond for cobwebs and because we didnt mow the lawn !!!! this is now in dispute as she has not stuck too rules which are set in paper she inspected the property alone and also did not get back in touch with the report for over 12 days of us handing back the keys which in this time knew tennants are now living in the prpoerty .

  • Marlene says on 24/03/2016 10:10:10 PM

    I think you'll find the best course of action is to liaise with the executor of the will as any current lease is inherited by the estate and dealt with accordingly. Perhaps the tenants referred to here died intestate in which case you would liaise with the NSW Trustees Department (if in NSW). As for entering a property where you suspect the tenant to be deseased you take a big risk especially if the death is suspicious. Better to call the Police and ask them to conduct a welfare check.

  • Drew Cary says on 04/07/2017 05:04:33 PM

    Maybe the laws are different in NSW, but in WA when the sole tenant dies, the tenancy agreement 'dies' with them. This means there is no need to contact the executor - but you do need to establish the date of death, as the rent requirements end with the death date. If there are other people staying at the house, that are not on the lease, they can apply for urgent relief to be added to the lease BUT this has to be done through the local magistrates court.

Get help with your investment property

Do you need help finding the right loan for your investment?

When investing in property, it is important to make sure that you not only have the lowest available rate that you can get, but also have the correct loan features for your needs.

Just fill in a few details below and we'll then arrange for a local Aussie Mortgage Broker to contact you and work out what features or types of loans are right for your needs. We'll even help with the paperwork. Plus and appointment is free.

How soon would you like a mortgage?
What is your Annual Household Income i $
Do you currently own any Investment Properties?
Do you own your own residence?
How much equity do you have in all your current properties?
First Name
Last Name
Where do you live?
What number can we reach you on?
E-mail address
We value your privacy and treat all your information seriously - you can check out our privacy policy here