Legal Question in Civil Litigation in Pennsylvania
Responsibility of payment
I have a niece that passed away a few days ago. She lived in an apartment. Her body was not found for a few days and she had started to decomposed. The landlord is telling me that her family is responsible for the payment for the cleaning of the decomposition. Is this true? I am not her next of kin and don't feel that I should have to pay. Wouldn't the owner of the building have insurance for this type of thing? Can someone advise me on the Pennsylvania law regarding this issue? Thanks.
1 Answer from Attorneys
Re: Responsibility of payment
First of, deepest sympathies to your family for such a tragic loss. The circumstances of your niece's passing must have been very difficult.
Second, while landlords may have a reputation as scum, that landlord has raised the bar. That's just astonishing. I don't know if there's a list for the 10 worst landlords from hell, but that guy has retired the trophy.
As a purely contractual matter, unless a family member co-signed the lease, they wouldn't be responsible for ANYTHING. Even if a deceased tenant did something wrong (say, deliberately started a fire and burned down the whole building) the landlord's only recourse would be against the estate of the decedent.
The lease probably provides for a damage deposit and maybe makes the tenant liable for any damage, whether or not negligent. So the landlord may have a claim against the estate for damage, and for rent, but I doubt if very many landlords would actually pursue it in a situation like this.
Landlord probably has insurance for fire and other hazards, but it might not cover this. Doesn't really matter whether it's covered or not, there's no way parents or other relatives are liable (unless, like I said, they co-signed).
If the landlord tries anything more, tell him you're going to consult a lawyer about intentional infliction of emotional distress.