Who is responsible for cleanup if Tenant dies or commits suicide in landlords apartment?
- Lease termination or continuance
- Personal Property of the Tenant
- Entry by Landlord
- Estate of Deceased
- Probate Court
- Cancelation of Lease
- Securing the property by landlord
- Filing Claim with Probable Court
- Provisions of the lease dealing with death
We do not find a specific law dealing with where the tenant dies in the apartment in reference to cleanup. If there is a law in Michigan we did not locate it.
We did find a statute dealing with the death of a tenant which sets forth the requirements for the landlord to gain possession of the leased premises and contents.
If there are more than one tenant, then the issues which are involved are different since there is a remaining tenant.
Section 600.2918 of the Michigan code provides in part as follows:
(3) An owner's actions do not unlawfully interfere with a possessory interest if any of the following apply:
(a) The owner acts pursuant to court order.
(b) The owner interferes temporarily with possession only as necessary to make needed repairs or inspection and only as provided by law.
(c) The owner believes in good faith that the tenant has abandoned the premises, and after diligent inquiry has reason to believe the tenant does not intend to return, and current rent is not paid.
(d) All of the following requirements are met:
(i) The owner informed the tenant in writing of the tenant's option to provide contact information for an authorized person the owner could contact in the event of the tenant's death. The owner is not responsible for incorrect contact information provided by the tenant or for the tenant's failure to provide contact information.
(ii) Current rent has not been paid.
(iii) The owner believes in good faith that the tenant has been deceased for at least 18 days and that there is not a surviving tenant.
(iv) After the requirements of subparagraph (iii) are met and not less than 10 days before the owner reenters to take possession of the premises and dispose of its contents, each of the following occurs:
(A) If the tenant provided contact information under subparagraph (i), the owner makes a reasonable attempt to contact the authorized person using the contact information provided and to request him or her to open a probate estate for the tenant within 28 days after the tenant's death. The owner is not responsible for the authorized person's failure to respond to the notification before the owner's reentry into the premises.
(B) The owner places on the door of the premises a notice indicating the owner's intent to reenter, take possession of the premises, and dispose of its contents after 10 days have elapsed.
(C) The owner notifies the public administrator for the county where the premises are located or, if none, the state public administrator that the owner believes that the tenant is deceased and intends to reenter to take possession of the premises and dispose of its contents if a probate estate is not opened. Upon request by the public administrator before the 10-day period under this subparagraph has elapsed and presentation to the owner of proper credentials and identification, the owner shall give the public administrator access to the premises.
(v) A probate estate has not been opened for the deceased tenant by the public administrator, authorized contact person, or any other person in the county in which the premises are located and the owner has not been notified in writing of the existence of a probate estate opened in another county and of the name and address of the personal representative.