Death of a Resident

Phil Querin Q&A - Death of Resident and an Uncooperative Estate

Question:  A resident living alone passed away.  It took some time for the estate to get underway because they had to search for heirs.  An heir was located and was appointed as Administrator to act on behalf of the estate. 

 

Shortly after the resident’s passing, we began requesting that a Storage Agreement be signed but the estate was hesitant to do so until the Administrator was appointed.  After the appointment the Administrator was initially cooperative, but unexpectedly changed his mind and is now threatening to bring all of the past due rent current, and then, out of spite, tear the home down while still on the space.  Presumably, after doing so, we would expect the Administrator to cease all further space rental payments.  How should we handle this?

 

 

 

Phil Querin Article - Elderly Residents Who Leave the Community

 

In communities with elderly tenants, landlords are frequently confronted with the question “How do I deal with their home and their care providers when they leave, and with their estates?”

 

Most of the answers can be found in the abandonment statute, ORS 90.675.  The underlying premise to remember in addressing all of these issues, is that if the resident leaves the community without properly disposing of their home, the landlord has no choice but to deal with it as an abandonment. 

 

 

Phil Querin: Q&A: Death of a Tenant While Temporary Occupant Residing in Premises

Question:  A resident passed away in our community. There was a person living in the home at the time under a Temporary Occupant Agreement. However, it does not expire for several more months. Rent is paid up until the end of the month. What should the landlord do? Can he/she give a notice longer than the 24 hour notice of eviction which seems cruel given the circumstances? Should he/she use a 30 day notice? Should management accept rent from the temporary occupant for the following month?
 

 

 

Phil Querin Q&A: Resident Dies - Administrator Initially Cooperative Turns Ugly

Question:  A resident living alone passed away.  It took some time for the estate to get underway because they had to search for heirs.  An heir was located and was appointed as Administrator to act on behalf of the estate. 

 

Shortly after the resident’s passing, we began requesting that a Storage Agreement be signed but the estate was hesitant to do so until the Administrator was appointed.  After the appointment the Administrator was initially cooperative, but unexpectedly changed his mind and is now threatening to bring all of the past due rent current, and then, out of spite, tear the home down while still on the space.  Presumably, after doing so, we would expect the Administrator to cease all further space rental payments.  How should we handle this?