Entry After a Tenant Death


After a tenant death, a landlord can only let authorized persons into the deceased tenant’s unit.  If the landlord allows unauthorized persons to enter, the landlord is potentially liable for missing property.  Proper authorization includes Letters Testamentary, a Small Estate Affidavit, a Power of Attorney, or the tenant’s lease identifies the person as an emergency contact (an important reason to always make sure that tenants provide emergency contacts and they are updated).  In the case of an emergency contact, the lease must also specifically authorize the tenant’s emergency contact to obtain a key upon death.  Because in many instances, a tenant’s next of kin won’t have proper authority as discussed here, you should always contact THS if you are not sure what to do.