Renting and the law: Landlords and apartment access when a family member dies

Q: My brother passed away and the landlord let my other brother into the apartment for several days while he removed the entire contents of the place without the rest of the family's consent.

We are waiting to submit an affidavit in order to get the belongings. The landlord is not responding to us and he did not take note of what was being taken out. Friends were hoping to get things that meant something to them, but my brother plans to sell everything. There was a safe and we believe he has cracked it open because we have the key for it.

Is it legal for the landlord to let people inside?

A: It's a difficult time for family members when a relative passes away, so first of all, I am very sorry for your loss. It can also be a confusing time for landlords when a tenant dies during their lease term.

Many deceased tenants' relatives have contacted me over the years complaining that their relative's landlord was insensitive and would not let them into the apartment to collect the belongings until there was some proof showing they are the executor or in charge of the deceased's estate.

I'm not sure what type of lease your brother had, but his property should be left in the apartment until anyone with legal access to the property, such as the person managing your brother's estate, shows up to collect the personal belongings. However, a problem may arise because most landlords will return the deceased tenant's property to whichever relative first appears on the scene or has the strongest claim.

Usually this isn't an issue when landlords let a close relative in, such as a brother. However, a landlord could potentially be held liable for damages if the relative he let in did not have the authority. Landlords need to make sure the person they're giving access to their deceased tenant's apartment is the person in charge of the deceased's estate.

It sounds like you have spoken to the landlord or left a message, but you should immediately contact the landlord and let them know the brother who was let in did not have the right to remove any personal belongings and that the family does not want the brother allowed back in the apartment or to remove any other property.

You've already prepared an affidavit, so that task is done. Next, you should contact the police and let them know that your deceased brother's personal belongings were unlawfully removed from his apartment by your brother and you would like to file charges. After contacting the police, you should contact a private attorney regarding the estate issues and whether you can pursue an action against your brother or the landlord.

Kelly Klein is a Minneapolis attorney. Participation in this column does not create an attorney/client relationship with Klein. Do not rely on advice in this column for legal opinions. Consult an attorney regarding your particular issues. E-mail renting questions to kklein@kleinpa.com. Information provided by readers is not confidential.