Purpose:
This policy establishes procedures for the property management company to handle the death of a tenant in compliance with Massachusetts state law. The goal is to address the situation respectfully and efficiently while protecting the interests of all involved parties.
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1. Notification of Death
1.1 Receiving Notice
- If the death of a tenant is reported by a family member, law enforcement, or another authorized individual, the property management company must document the notification, including the date and the name of the reporting party.
1.2 Verification
- The property management company may request official documentation of the tenant’s death, such as a death certificate, obituary, or confirmation from law enforcement or a healthcare provider.
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2. Lease and Financial Considerations
2.1 Termination of Lease
- Under Massachusetts law, the lease of a deceased tenant may be terminated by the estate’s executor or administrator. The executor or administrator must provide written notice of termination along with appropriate documentation.
- If there is no executor or administrator, the next of kin may provide written notice and supporting documentation to terminate the lease.
2.2 Payment of Rent
- Rent will remain the responsibility of the tenant’s estate until the lease is legally terminated or the unit is re-rented, whichever occurs first.
- Security deposits and any prepaid rent will be handled in accordance with Massachusetts state law.
2.3 Pro-Rated Rent
- If the lease is terminated before the end of the rental period, rent may be pro-rated to reflect the actual period of occupancy or liability.
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3. Personal Belongings
3.1 Access to the Unit
- Access to the unit will be granted only to legally authorized individuals, such as the executor, administrator, or next of kin. Proper identification and documentation must be provided.
3.2 Removal of Belongings
- Authorized individuals must arrange to remove the tenant’s belongings within a reasonable timeframe, typically 30 days, unless otherwise agreed upon.
- Any unclaimed items left in the unit after the agreed-upon period will be handled in accordance with Massachusetts law regarding abandoned property.
3.3 Condition of the Unit
- The unit must be left in broom-clean condition. Normal wear and tear will be assessed in accordance with standard property management practices.
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4. Security Deposit and Final Accounting
4.1 Refund of Security Deposit
- The security deposit, minus any lawful deductions for unpaid rent or damages beyond normal wear and tear, will be refunded to the tenant’s estate or authorized representative within 30 days of the unit’s vacancy, as required by Massachusetts law.
4.2 Itemized Deductions
- Any deductions from the security deposit will be documented in an itemized statement provided to the authorized representative.
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5. Communication and Confidentiality
5.1 Designated Point of Contact
- The property management company will designate a representative to serve as the primary point of contact for the tenant’s family or estate.
5.2 Confidentiality
- All information regarding the tenant’s death and subsequent handling of their tenancy will be treated as confidential and shared only with authorized individuals.
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6. Legal Compliance
This policy will be implemented in compliance with all applicable Massachusetts state laws, including landlord-tenant laws and estate administration requirements.
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7. Contact Information
For assistance or questions regarding this policy, authorized individuals may contact the property management office at:
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8. Policy Updates
This policy will be reviewed annually and updated as necessary to remain in compliance with state and federal laws.
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Effective Date: 23rd day of October 2023