The unexpected passing of a tenant can present several legal implications for both landlords and the deceased tenant's estate. From navigating the termination of lease agreements to handling personal belongings, the process requires sensitivity and adherence to legal protocols. To follow is a guide outlining the landlords' responsibilities and the available remedies in such situations.
A landlord must first be notified of the death of the tenant either by a family member or from an executor of an estate. The lease does not automatically terminate upon the death of a tenant, but rather becomes a part of the tenant's estate. The executor of the estate is then responsible for fulfilling any obligations of the lease agreement.
If someone was residing with the deceased tenant, then they are permitted to continue living in the rental unit. Additionally, they may also be able to negotiate with the landlord to assume the lease under new terms.
As per Section 91 and 92 of the Residential Tenancies Act, 2006, S.O. 2006, c. 17, if a tenant dies and there are no other tenants of the rental unit, the tenancy shall be deemed to be terminated 30 days after the death of the tenant. Until the tenancy is terminated, the landlord shall preserve any property of the tenant and allow for the executor of the tenant's estate or a family member to enter the premises to retrieve tenants' belongings. After the 30-day period, if none of the property has been claimed the landlord may sell or dispose of the tenant's property as they see fit. However, the executor of the tenant's estate or family members may make a claim up to 6 months after the death for the proceeds of sale or return of any items.
Please note that if the tenant has paid last month's rent in advance, then this amount should be returned to the estate if not used to cover any unpaid rent for example. Nonetheless, the estate of the deceased tenant may still be responsible for unpaid rent or any other fees owed up to the date of the tenant's passing. If there is any outstanding rent, the landlord should inquire about the existence of a Will. If there is a Will, the landlord should contact the estate's lawyer to request that the rental arrears become a debt to the estate.
Dealing with the death of a tenant during a lease can be complex, involving legal, financial, and personal considerations. Landlords should be aware of their obligations under the Residential Tenancies Act as well as how to address rental arrears through the tenant's estate.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.