What To Do When Your Tenant Dies: Brief practical guidelines for Landlords

Best Business Practices for Landlords When a Tenant Passes Away

A Practical Guide with a Focus on Georgia Law

The death of a tenant during an active lease term presents a range of legal and logistical challenges for landlords. From handling personal property and securing the unit to managing lease obligations and estate communication, every decision carries potential legal implications. In Georgia, where specific laws guide landlord-tenant relationships, it’s essential to approach these situations with both professionalism and compassion. This article offers landlords a comprehensive framework for navigating a tenant death responsibly, legally, and efficiently.

When a landlord learns that a tenant has passed away, the first step is to confirm the death with official documentation, such as a death certificate, an obituary, or written communication from a verified source like the tenant’s executor or local law enforcement. Acting on unverified information can lead to complications, so due diligence is critical.

Once verified, the landlord should immediately secure the property. In Georgia, landlords have a right to protect the premises and contents, particularly to prevent theft or damage. Lock changes may be necessary, but landlords must not remove or disturb any personal belongings. Instead, take detailed photographs or videos of the unit's condition and log any interactions, events, or decisions made. Maintaining a written timeline can prove invaluable in the event of future legal questions.

A key consideration is whether the lease terminates upon the tenant’s death. Under Georgia law, it does not. The lease continues, and the deceased tenant’s estate is generally responsible for remaining obligations, such as unpaid rent or damages, until the lease expires or is terminated through legal means. If the lease contains a clause addressing tenant death—allowing for early termination by the estate or landlord—this can simplify the process considerably. If not, the landlord must work with the estate’s representative to find an agreeable resolution, while also pursuing efforts to mitigate damages by re-renting the unit as soon as practical.

Identifying the correct party to communicate with is essential. The landlord should correspond only with the executor or court-appointed administrator of the deceased tenant’s estate. Heirs or family members without legal authority should not be given possession or access. Sending a formal written notice to the estate is recommended. This notice should outline lease obligations, deadlines for property removal, and contact details for resolution. It should also advise that if no action is taken, the landlord may pursue claims for unpaid rent or necessary repairs through probate court.

Respectful handling of the tenant’s personal property is not only ethical—it’s legally required. Landlords should not dispose of belongings prematurely. Georgia does not have a detailed statute governing landlord obligations for tenant property after death, but landlords still owe a duty of reasonable care and must act in good faith. A best practice is to create a detailed inventory of all items in the unit and securely store them, providing the estate with a deadline for collection. Charging reasonable storage fees is often permitted if supported by the lease or a written agreement.

Financial issues should be handled according to Georgia’s security deposit laws. Within one month of taking possession and upon demand by the estate, the landlord must either return the security deposit or send an itemized list of lawful deductions. Landlords may file a claim against the estate in probate court for any unpaid rent, damages, or lease-related losses, though courts will expect landlords to show they made reasonable efforts to mitigate those losses.

Throughout this process, landlords should approach the situation with both professionalism and empathy. Communications should remain courteous and tactful, even if rent is owed or delays arise. While grieving families may not understand the legal process, maintaining clear documentation and calm responses will protect the landlord’s business and reputation.

Forward-thinking landlords can avoid many of these complications by proactively including a “Death of Tenant” clause in their standard lease agreements. This clause should spell out rights and obligations upon a tenant’s passing, including notice periods, rent liability, and the process for handling property. Additionally, landlords should ensure their insurance policies cover death-related vacancies, property storage, and related claims.

In Georgia, the probate process may delay estate responses, particularly when no will exists or if there are disputes among heirs. If no estate is opened and property is left behind, landlords may consider seeking a court order or following local small estate procedures to lawfully dispose of unclaimed belongings.

Ultimately, landlords who develop internal policies for handling tenant deaths—complete with standardized notices, documentation procedures, and lease provisions—will be better positioned to respond effectively and lawfully. By combining clear communication, compliance with Georgia law, and a respectful approach to grieving families, landlords can manage these sensitive situations while protecting their business interests.