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Landlord Questions

by Cathy
(Kitsap County, Washington)

Help! My tenant passed away suddenly and I don't know what to do!

My tenant moved into my rental on a month to month tenancy. He was paid up on his rent through August. In May he died.

His estate now wants July and August rents returned. I can understand that, it being a month to month.

But: the tenant did not pay his utilities since he had been there - he is responsible for them as stated in the rental agreement.

Also, the estate did not give written notice until June 17, 2009 at which time the keys were returned.

Can I keep the rent and deposit to pay for the unpaid utilities? Also, since the keys have been returned and notice given, when can I legally enter? The place appears empty from the outside.

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Landlord Questions

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Landlord Rights
by: Anonymous

You probably have the legal right to enter the moment the keys have been returned and notice given. However, I would first (as a matter of record) notify the legally appointed executor of the estate that I will be entering the premises. I presume that the tenant left a will and appointed an executor - family members or friends cannot make demands on behalf of the estate unless duly appointed.

I would then inspect the premises and make note of any repairs (not normal wear and tear) that has to be done. I would then draw up a detailed statement with:

* Cost of repairs

* Unpaid utilities

Furthermore: In terms of your rental agreement (if a month's notice was stipulated in the agreement) and their written notice of 17 June, you may be entitled to rental until end July anyway.

The above will then be off-set against rent and deposit payments and the balance returned by registered mail to the executor of the estate.

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