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  1. #1
    Join Date
    Aug 2009
    Location
    Trans Tasmanite
    Posts
    97

    Default Death of a Tenant

    Hi, I've got a rental property and unfortunately my tenant died. The rental paid in advance has expired and the appropriate notice has been given. Given a two year lease has been broken what is the drill with the bond - is that refunded to the tenant?

  2. #2
    Join Date
    Apr 2011
    Posts
    336

    Default

    Rental Tenant?

    If so move on and find another tenant and refund the bond to the estate.

  3. #3
    Join Date
    Oct 2007
    Posts
    174

    Default

    Legally IHO you may be able to claim the bond as unpaid rent. You might even be able to go after the estate for the total remaining rent. Talk to a lawyer.

    Morally it may better to move on and find a new tenant. Karma is your friend(if you believe in karma)

  4. #4
    Join Date
    Nov 2008
    Location
    Karratha WA
    Posts
    1,444

    Default

    Link to tenancy site re death of a tenant.

    http://www.dbh.govt.nz/tenancy-az-d

  5. #5
    Join Date
    Nov 2011
    Posts
    445

    Default

    hey steven anderson. your situation seemed a little awkward and challenging.
    Did you end up sorting it out? WHat did you end up doing? just curious..

  6. #6
    Join Date
    Jan 2005
    Location
    Turkey/NZ
    Posts
    1,821

    Default

    I had a similar situation a few years ago with an elderly tenant. I turned up one morning to mow the lawns and all the relatives where there - they told me she had died during the night.

    Within 5 minutes, 1 daughter said "I know my mum was paying 1 week in advance, so can I have her rent back in cash?
    As it happened she was initially paying a week in advance, but that went by the wayside some time back...

    Within 10 minutes, 2nd daughter came up to me and said "I know my mum paid 4 weeks bond, can you pay that back to me in cash today?
    er no, it's held by the DBH....

    Nice family!

  7. #7
    Join Date
    Nov 2011
    Posts
    445

    Default

    hey revdev. Interesting story there.
    It does seem a little awkward during those times, having the family coming after you immediately after the elderly tenant passed away.

  8. #8
    Join Date
    Aug 2009
    Location
    Trans Tasmanite
    Posts
    97

    Default

    In my case I refunded the bond. There were heaps of issues with regards being slightly under on rent and property not being clean. Found new tenants fairly quickly. My Property Manager had no idea of what to do, but had obviously googled the situation and protected her ass pretty quickly from potentially bad PR.

    I think the karmic approach was the best thing to do. Over now, better tenants.

    Can't believe family would ask for the rent (in cash), the morning of her death. That money would be owed to the estate and not any individual family member.

  9. #9
    Join Date
    Sep 2008
    Posts
    7,562

    Default

    you never know

    they may have need $5,000 quick

    for funeral expenses
    have you defeated them?
    your demons

  10. #10
    Join Date
    Nov 2011
    Posts
    445

    Default

    yeah i was thinking that the family wanted the cash quickly for funeral expenses, which can be pretty pricey if you haven't prepared for it (in the thousands of dollars!)

    @steven anderson - yeah i reckon the good karma approach is best. It's a sensitive time and it's best not to make any issues especially while emotions are running high for family members.


 

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