If the Resident is sole resident and passes away, they are and/or their estate required to provide a 30-day written notice and pay through that notice. We need to comply with that requirement.
- Please do not release keys to anyone (other than law enforcement), without having the Will and/or Power of Attorney or an Emergency Contact that has Death Certificate or Proof of Death.
- Please do not allow anyone to remove items from the apartment without having the Will and/or Power of Attorney or an Emergency Contact that has Death Certificate or Proof of Death.
- If Emergency Contact is not able to remove items from Apartment, then they must send a release to us and let us know who will gain access to apartment and remove items.
- When the Person does show up with the proper documentation, be sure to Make Copy of ID and Documentation. We need that on file, incase someone comes and disputes what we did.
- If the rent is not paid through the 30-day notice, then the deposit will need to be applied to that.
- We typically do not refund the Deposit, as the Rent is not paid through the 30-day notice.
- Please contact Aptexx today and have them cancel any Auto-Pay that is set up.
I am including the SOP for Death or Suspected Death and the TAA Legal Article on the Death of a Resident.
The State of TX has a specific Statute for the Death of a Sole Resident. Prior to this Statute, the Resident was liable for the Lease until the apartment was re-rented.
- Death of Sole Resident. Consistent with Section 92.0162 of the Texas Property Code, the TAA Lease contains language that allows the deceased resident's legal representative, of the decedent's estate, to give 30 days' written notice to terminate the lease without penalty. The resident's estate will continue to be liable for rent until the termination date or until all of the possessions have been removed from the unit. Likewise, the resident's estate will also be liable for any charges, damages and other unpaid amounts. Owners always have the option to allow a deceased resident's legal representative of the estate to terminate the lease sooner if they choose and are encouraged to use common sense and compassion in these circumstances. This situation may arise more frequently than you expect, so it is prudent to develop a written policy which factors in the lease provisions and advice contained in this article. Your goal should be to treat all situations involving lease liability following the death of a resident in the same manner to the extent possible.
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