What are the landlord’s rights when a tenant dies?
In Alaska, a landlord’s rights after a tenant dies depend on the tenant’s lease agreement. Generally speaking, when a tenant dies, the lease agreement is considered terminated and the landlord retains all rights to the unit and will need to take possession of the rental unit. When this happens, the landlord may need to have the tenant’s belongings removed, even if there are dependents of the deceased still living in the unit. If the tenant had specified an alternate tenant in the lease, the landlord can choose to accept the alternate tenant as the new tenant. If no alternate tenant was specified, the landlord is then free to rent the unit to another tenant. The landlord can also choose to keep the tenant’s security deposit if there is damage to the unit or outstanding rent payments owed to the landlord. The landlord may also be able to charge for the cost of disposal of any belongings that were left behind by the tenant. In the event that the tenant’s estate has an executor or trustee, it is important to make sure that the landlord works with that executor or trustee to properly handle the tenant’s belongings and security deposit. The executor or trustee can also help the landlord to find a new tenant if one was not originally specified.
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