How Landlords and their Property Managers May Dispose of Personal Property of Deceased Tenants

San Antonio Texas Real Estate Attorney Trey Wilson wrote:

In was has become a rarer and rarer occurrence in last few of the 16 years that I have been licensed to practice law,  a client (Property Manager) stumped me this week by asking a question whose answer I hadn't the slightest clue.

Turns out that the sole tenant /occupant of a rental property had died, and the period for which she had paid rent under her lease was soon expiring. The client wanted to know if it was permissible to dispose of the client's furniture, clothing and personal property in the rental unit. The tenant had been there longer than the manager, and no next of kin or contact person was known.  

In all honesty, I was taken aback in that: (i) this very basic basic landlord / tenant question had never been presented to me before;  (ii) I hadn't the foggiest idea of what the law said, if anything; and (iii) this issue will likely present itself in most managers'/landlords' careers.

So, when all else fails, I did what I learned all those years ago in law school -- I read the law (in this case Chapter 92 of the Texas Property Code).  And there it was -- hiding in plain sight since adopted in 1999  -- Section 92.014, aptly entitled "Personal Property and Security Deposit of Deceased Tenant."


That statute requires tenants, upon a landlord's written request, to provide the name and contact information for a person who should be contacted upon the tenant's death to remove his or her possessions and receive the security deposit. Upon the tenant's death, the law allows landlords to remove and store all of the property found on the premises and requires landlords to turn the property over to this authorized person. The landlord may discard the property if (1) the authorized person has not removed it within 30 days after receiving a written request by certified mail to do so and (2) no other person has claimed it. Tex. Property Code Ann. § 92.014 Texas law also authorizes a tenant and landlord to agree, in a written lease or other agreement, to a different procedure for removing, storing, or disposing of a tenant's property upon the tenant's death. Tex. Property Code Ann. § 92.014(d).

If a deceased tenant did not leave a next of kin or contact, then the law appears reasonably (though not perfectly) clear that a landlord can remove and store their property upon their demise. Tex. Property Code Ann. § 92.014(c)(1).  However, the law is silent as to how long the property must be stored, or the time or manner in which it may be disposed.  In this instance, common sense and reasonableness should be the Manager/Landlord's guide.  After all, if it were the belongings of your loved one, you would want them cared for in a compassionate manner.

It is also prudent for Texas landlords and their property managers to ensure that each  living tenant provides the landlord with the name, address, and telephone number of a person to contact in the event of the tenant's death; and signs a statement authorizing the landlord, in the event of the tenant's death, to:

(A)  grant to the designated person access to the premises at a reasonable time and in the presence of the landlord or the landlord's agent;



(B)  allow the designated person to remove any of the tenant's property found at the leased premises;  and

(C)  refund the tenant's security deposit, less lawful deductions, to the designated person.