What Are A Landlord’s Obligations When A Tenant Passes Away?

Mikaela Steckelis | 06.08.26

Many landlords don’t consider the possibility of their tenant passing away. If this happens, what are the landlord’s obligations with respect to the tenant, the tenant’s estate, and the lease? This article answers some common questions that landlords may have.

Who can you the landlord let into the property?

You should let the personal representative of the tenant’s estate into the property so they can collect the decedent’s belongings. It may take a bit for a personal representative to be appointed. You should ask for verification of their identity and reasonable proof that they are the personal representative.

You should not allow anyone to enter or remove any of the tenant’s belongings unless they are the personal representative of the tenant’s estate or have written permission from the personal representative.

Does somebody have to accompany the personal representative when they go to the property?

Nobody is required to enter the property with the personal representative of the tenant’s estate.

Who is responsible for the rent payments after the tenant’s death?

Before the termination of the tenant’s lease, (see the next question to determine when leases terminate upon death) the deceased tenant’s estate is responsible for any rent owed. If the estate fails to pay rent, the landlord may pursue damages from the estate. Wis. Stat. §§ 704.29(2), 704.165(2).

Upon termination, the tenant’s estate no longer has an obligation to pay rent. Further, a tenant’s family members or heirs are not liable for tenant debts owed to the landlord. For any debt owed to the landlord, the landlord may pursue damages through probate proceedings. Wis. Stat. § 704.165(4).

When does a lease terminate after the tenant’s death?

Pursuant to Wis. Stat. § 704.165(1)(a), upon the death of a tenant, that tenant’s residential tenancy terminates 60 days after the landlord receives notice of the tenant’s death.

Does the decedent’s estate get the tenant’s security deposit back?

Yes, the tenant’s estate is entitled to the security deposit, with some limitations under the general law applicable to security deposits. Pursuant to Wis. Stat. 704.28(1), you may withhold an appropriate amount from the security deposit for various expenses such as past-due rent or damages beyond normal wear and tear or reasons provided in the lease as permitted under the statute. You should create a statement for any withholdings and provide it to the estate.

If there are no applicable withholdings under the statute, you must return the security deposit to the decedent’s estate within 21 days after the termination of the lease agreement. See Wis. Stat. 704.28(4).

Who is responsible for paying for the utilities?

It depends on the terms of the lease. Any utilities that are allocated to the tenant remain the tenant’s responsibility and become the obligation of the tenant’s estate, and any utilities that are allocated to the landlord remain the obligation of the landlord. Any unpaid tenant debts with servicing utility companies are the responsibility of the tenant’s estate. The utility company may claim against the tenant’s estate for any unpaid values.

How long do you have to clean out the deceased tenant’s property?

You can clean out the property pursuant to any applicable abandonment provisions in the lease or Wis. Stat. 704.05(5). You should work with the personal representative to establish a time for them to clear out the property. If they do not comply with the timeline instituted, you may remove the tenant’s belongings as permitted under the abandonment provisions. You are not required to store personal property forever.

How long do you have before you can rent the property again?

Upon the termination of the lease, clearing out of the tenant’s belongings, and any mitigation to damages in the property, you may re-rent the property. You have a duty to mitigate (prevent or reduce) damages pursuant to Wis. Stat. 704.29(2), so you should attempt to re-rent the property as quickly as practicable (while realizing that, as noted above, the deceased tenant’s lease will automatically 60 days after you receive notice of the tenant’s death).

Should you go into the property to turn off any running utilities?

You should secure the property to mitigate damages, including any utility fees. For liability purposes, you should document when you went entered the property and what you did. You also may want to video the contents when you enter or leave. This could help if any belongings are not accounted for during the personal representative’s accounting of the tenant’s personal property at death.

Do you have to disclose to the next renter that someone died in the property?

Generally, no. The only reason you would need to disclose this prior to entering into a lease is if the death occurred due to a building code/housing code violation that has not been corrected. See Wis. Stat. 704.07(2)(bm).

However, the above statement does not necessarily apply to a licensed real estate salesperson, who may have certain disclosure duties

This is only a broad overview of general rules a landlord should follow if a tenant dies. Additional considerations may apply in any specific situation. Landlords with questions should contact the author or call Boardman Clark at (608) 257‑9521 to speak with one of our real estate attorneys.

• Real Estate/Leases