Legal Question in Real Estate Law in Florida
death of renter
What are our rights as homeowners, if the tenant died and no next of kin can be located
1 Answer from Attorneys
Re: death of renter
I assume your main question is, "What can we do with all the tenant's stuff?"
The answer is, you really, really, REALLY have to find someone to dump it on. Look harder for the next of kin.
The "stuff" now belongs to the tenant's probate estate, including the security deposit, and you can't legally dispose of it, even if you are owed rent or owed for damages. Even if you "evict" your deceased tenant, you'd still have to store the stuff, because it no longer belongs to the tenant, it belongs to the estate, so you can't impose a landlord's lien or sell it after 30 days.
One possible option (maybe your only one) is to file a probate on behalf of the tenant and file a claim against it for rent and expenses. Sound expensive and not worth the trouble? That's why I say, find the next of kin and dump the stuff!