What if the tenant dies?
If requested by the landlord, a tenant must provide the landlord with the name, address, and telephone number of a person to contact in the event of the tenant’s death. The tenant must also sign a statement authorizing the landlord to, in the event of the tenant’s death: (1) grant the tenant’s designee access to the premises at a reasonable time and in the presence of the landlord or the landlord’s agent; (2) allow the tenant’s designee to remove any of the tenant’s property found at the leased premises; and (3) refund the tenant’s security deposit, less lawful deductions, to the tenant’s designee. A tenant may also provide the designation and statement without any request from the landlord. If a tenant has been furnished with a copy of the provisions detailing the tenant’s obligations, and nevertheless fails to make the required designation after a request from the landlord, the landlord shall have no responsibility after the tenant’s death for removal, storage, disappearance, damage, or disposition of property in the tenant’s leased premises.
Unless the lease or other written agreement provides otherwise, in the event of the death of a tenant who is the sole occupant of a rental dwelling, the landlord:
- May remove and store all property found in the tenant’s leased premises.
- Must turn over possession of the property to the person designated by the tenant, or to any other person lawfully entitled to the property, if the request is made prior to the property being discarded.
- Must refund the tenant’s security deposit, less lawful deductions, including the cost of removing and storing the property, to the person designated by the tenant or to any other person lawfully entitled to the refund.
- May require any person who removes the property from the tenant’s leased premises to sign an inventory of the property being removed.
- May discard the property removed by the landlord from the tenant’s leased premises if the landlord has sent a request by certified mail, return receipt requested, to the tenant’s designee requesting that the property be removed, the designee has failed to remove the property by the 30th day after the postmark date of the notice, and the landlord, prior to the date of discarding the property, has not been contacted by anyone claiming the property.
If the landlord, after being furnished with a copy of these statutory obligations, knowingly violates the obligations, the landlord is liable to the estate of the deceased tenant for actual damages.
Frequently Asked Questions
What happens to a lease when the sole tenant dies?
The death of a tenant does not automatically terminate the lease. The lease obligations may pass to the tenant's estate. The landlord has specific rights and obligations under Texas law regarding the tenant's property, the security deposit, and access to the premises.
Should a tenant designate someone to handle their affairs with the landlord in case of death?
Yes. A landlord can request that a tenant provide the name, address, and phone number of a designated person to contact in the event of death, along with a signed statement authorizing that person to access the premises, remove property, and receive the security deposit refund. Tenants can also provide this designation without being asked.
What can a landlord do with a deceased tenant's belongings?
If the tenant is the sole occupant and has died, the landlord may remove and store all property found in the unit; must turn it over to the designated person or any person lawfully entitled to it upon request; and may discard it only after sending certified mail notice to the designee requesting removal, waiting 30 days from the postmark, and confirming no one has claimed the property.
How is the security deposit handled when a tenant dies?
The landlord must refund the deposit, less lawful deductions, including costs of removing and storing the property, to the tenant's designated person or any other person lawfully entitled to the refund.
What if the tenant never designated anyone?
If the tenant failed to designate a contact person after the landlord requested one, and the landlord provided a copy of the relevant statutory provisions, the landlord has no responsibility for the removal, storage, disappearance, damage, or disposition of the tenant's property.
What is the landlord's liability for mishandling a deceased tenant's property?
A landlord who knowingly violates the statutory obligations after being furnished with a copy of those obligations is liable to the deceased tenant's estate for actual damages.
What should a landlord do immediately upon learning a tenant has died?
Do not enter the unit, remove property, or return the deposit until you understand your legal obligations. Contact Cook Keith & Davis for guidance before taking any action. The rules are specific and deviating from them creates liability.