Q: My brother died on July 5th.His landlord started throwing his personal property outside Aug 3rd.neighbor helped move it!
She allowed the neighbor to help and he moved in! There is still his property inside the apartment! She wont let us go in!
A: Landlord is jumping the gun in terminating the tenancy. See Section 704.165. Disposing of property depends on the lease agreement and whether the landlord gave notice to tenant at the signing of the lease of the intent to dispose of abandoned property. Generally the Landlord should grant next of kin or personal representative of estate access since the estate still has rights.
704.165 Termination of tenancy at death of tenant.
(a) Except as provided in par. (b), if a residential tenant dies, his or her tenancy is terminated on the earlier of the following:
1. Sixty days after the landlord receives notice, is advised, or otherwise becomes aware of the tenant's death.
2. The expiration of the term of the rental agreement.
(b) Notwithstanding s. 704.19, in the case of the death of a residential periodic tenant or tenant at will, the tenancy is terminated 60 days after the landlord receives notice, is advised, or otherwise becomes aware of the tenant's death.
(2) The deceased tenant or his or her estate is not liable for any rent after the termination of his or her tenancy. Any liability of the deceased tenant or his or her estate for rent under this subsection is subject to the landlord's duty to mitigate damages as provided in s. 704.29 (2).
(3) Nothing in this section relieves another adult tenant of the deceased tenant's premises from any obligation under a rental agreement or any other liability to the landlord.
(4) A landlord under this section may not contact or communicate with a member of the deceased tenant's family for the purpose of obtaining from the family member rent for which the family member has no liability.
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