Getting the call that a tenant has died in your rental property is something no landlord prepares for. Whether it was natural causes, suicide, an accident, or violence — you’re now dealing with biohazard cleanup, legal obligations, grieving families, lease issues, and insurance questions all at once.

This guide is written for landlords and property managers who need to handle this situation correctly — legally, financially, and humanely.

First 48 Hours: What to Do Immediately

1. Cooperate with Law Enforcement

If police or the medical examiner are involved, the property is their scene until they release it. Do not enter, clean, or alter anything until you receive official clearance. This could take hours to days depending on the circumstances.

2. Notify Your Insurance Company

Call your landlord/commercial property insurance provider. Key things to report:

  • Nature of the death (if known)
  • Whether biohazard cleanup will be needed
  • Any damage to the property
  • Ask about your specific coverage for biohazard remediation

3. Secure the Property

Once law enforcement releases the scene:

  • Change or re-key the locks
  • Ensure all windows and doors are secured
  • Turn off perishable utilities if the unit will be vacant (but keep heat/AC running to prevent mold and pipe issues)

4. Contact the Tenant’s Emergency Contact or Next of Kin

If you have emergency contact information from the lease application, reach out with compassion. They need to know about:

  • Arranging for personal belongings
  • The status of the lease
  • Keys and access

Legal Obligations

The Lease

In most states, a lease does not automatically terminate upon a tenant’s death. The estate becomes the tenant, and the executor or administrator takes over the lease obligations. This means:

  • You cannot immediately empty the unit — the estate has rights to the property under the lease terms
  • Rent is still owed by the estate until the lease ends or is legally terminated
  • Security deposit rules still apply — you must follow your state’s deposit return laws
  • Give reasonable time for the family/estate to remove personal belongings (typically 30 days, but check your state)

Personal Belongings

Do not throw away the tenant’s belongings. Even if you need to clean up biohazards, personal items that aren’t contaminated belong to the estate. Best practice:

  1. Document everything with photos/video before anything is moved
  2. Separate biohazard-contaminated items from salvageable belongings
  3. Coordinate with the family or estate executor for pickup
  4. If no one claims belongings, follow your state’s abandoned property procedures (there are time requirements)

Disclosure Requirements

Most states require landlords to disclose deaths in a property to future tenants. Requirements vary:

  • California: must disclose deaths within 3 years
  • Many states: only require disclosure if directly asked
  • Some states: no disclosure requirement at all
  • Stigmatized property laws vary widely — check your state

Best practice: Disclose proactively. If a tenant finds out later that someone died and you didn’t tell them, they may have grounds to break their lease or sue. Transparency builds trust.

Biohazard Cleanup

When It’s Needed

  • Unattended death (body not discovered for days+) — always needs professional cleanup
  • Violent death (homicide, suicide with blood/tissue) — always needs professional cleanup
  • Natural death discovered quickly — may not need professional cleanup if no biohazard fluids are present

As the Landlord, Who Pays?

This is the most common question, and the answer depends on circumstances:

Your landlord insurance pays when:

  • The cleanup is covered under your property damage provisions
  • You have a biohazard/environmental endorsement
  • The damage is to the structure (subflooring, drywall, cabinets)

The tenant’s renter’s insurance may cover when:

  • The tenant had renter’s insurance (many don’t)
  • Typically limited to the tenant’s personal property damage

Crime Victim Compensation funds pay when:

You pay out of pocket when:

  • Insurance doesn’t cover it (small policies, exclusions)
  • It’s a natural death and your policy treats it as “maintenance”

Typical Costs for Rental Units

Scenario Cost Range
Natural death, quick discovery $500 – $2,000
Unattended death (3-7 days) $3,000 – $10,000
Unattended death (2+ weeks) $8,000 – $25,000
Violent death (blood cleanup) $3,000 – $15,000
Full unit remediation (severe) $15,000 – $40,000+

For professional companies, check our vetted professionals directory.

Getting the Unit Back to Rentable Condition

Timeline Expectations

  • Quick discovery, minor cleanup: 1-2 weeks to re-rent
  • Moderate cleanup + repairs: 2-4 weeks
  • Major remediation + renovation: 1-3 months

What Typically Needs Replacement

  • Carpet and padding (always — fluids soak through)
  • Sections of drywall near the body
  • Subfloor sections (if fluids penetrated)
  • Mattress and upholstered furniture (if included with unit)
  • Paint in affected rooms

Odor Issues

Decomposition odor is one of the most persistent smells in remediation. Professional treatment includes:

  • Ozone generators (unit must be vacant — ozone is harmful to breathe)
  • Thermal fogging
  • Hydroxyl generators
  • Enzyme treatments for subflooring
  • In severe cases, sealing surfaces with shellac-based primer before repainting

Insurance Deep Dive

What Landlord Policies Typically Cover

  • Structural damage from biohazard fluids (subflooring, drywall)
  • Loss of rental income during cleanup and renovation (if you have this coverage)
  • Liability if someone is harmed by improper cleanup

What They Usually Don’t Cover

  • The tenant’s personal property
  • “Maintenance” issues (some insurers classify natural death cleanup as maintenance)
  • Cleanup costs if you delayed acting after the scene was released

How to Strengthen Your Claim

  1. Document immediately — photos before and after cleanup
  2. Get professional assessment — a remediation company’s report carries weight
  3. Keep all invoices — cleanup, materials, lost rent calculations
  4. Don’t skimp on cleanup — cutting corners now creates liability later

When to Get Professional Help

Always hire professionals for:

  • Any death involving visible blood or bodily fluids
  • Unattended deaths (any duration)
  • Decomposition of any degree

Call an attorney if:

  • The estate is uncooperative about the lease or belongings
  • You’re unsure about disclosure requirements
  • There’s a wrongful death lawsuit risk
  • Insurance denies your claim

Every guide on WhenItHappens is written by someone with hands-on experience in biohazard remediation and disaster recovery. Call us at (855) 566-2405 or find a vetted cleanup specialist.