Landlord Question and Answer Forum

Our tenant passed away after a prolonged illness approximately 40 days ago. Upon being informed of the tenant's death by his son and heir, we granted 30 days for the property to be vacated. Now six days remain and it doesn't look likely that the property (a 2-bedroom apartment and garage used for storage) will be fully vacated by the deadline. No one has moved anything out except a file cabinet. We plan to change the locks approximately 6 days after the final day, and it was our intent to notify the tenant's son that the locks will be changed and any property found in the unit at that time will be considered abandoned. At the advice of an attorney we have accepted no funds from the tenant's family; accordingly when the tenant's final rent check bounced after his death, we did not pursue its replacement. What is our responsibility regarding any property left onsite after the 30-day period is up?

When a tenant has left personal property in a rental unit, the landlord should safely store the property. A landlord may choose to leave the property in the rental unit. But if the unit may be rented soon, the landlord should store the property elsewhere. Wherever the landlord chooses to store the property, it must be kept in a safe place, where the property will not be damaged or stolen. In storing the property, the landlord must use reasonable care to keep it safe. If property is lost or damaged, and if the landlord did not act in a deliberate or negligent manner in storing and caring for the property, the landlord will not be liable for any storage related loss.

Posted by Luis M, NJ on Monday, February 20, 2012