Death of a co-tenant

I have just had news that a co-tenant (husband) has passed away. The wife is the other co-tenant. The property is not managed by pm and the bond is lodged in both their names. Has anyone had any experience with this? The property is in QLD.

 

RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 244 Death of a cotenant

 

Thank you. I have printed off a RTA form 6 which is to transfer the bond to the wife's name and she is supplying a death certificate. Is this the right form do you know?

 

As long as the rent is being paid, I'd personally just give her space and not bother her with any of that stuff now as it is not important at this point in time - the lease still stands, the bond still remains with RTA, etc. In time, eg. next renewal, assuming she stays on, just in her name etc and amend bond then. If she can no longer afford or wants out, she has options, but let her pursue those through QCAT etc, you may like to yield/compromise as you see fit on various matters and simply 'mutually agree'.. never an easy situation to deal with.

 

Happened to me a few years ago. The PM just switched all the details to the wife. She’s still there now. Great tenants. I rode his Harley from the IP to the service.

 

Thanks. Yes she contacted me as we have no lease in place and wants me to change the bond over. I’ve had her sign a form 6 but just wandered if that’s the right one. She is a great tenant and rent has never been an issue. At this stage I have no concerns with her staying on just the protocols on changing the bond into her name.

 

That is so cool!

 

I had this issue a few years ago (WA). The partner wished to move out of the the property/ break lease immediately which we had no problem with.

The hardest part for us (all parties) was getting the bond released. Bond Administrator wanted stat decs, death cert (obviously not always available immediately) as well as a receipt from funeral which was in the UK.

All parties involved were working together, it just seemed so cruel. The partner understandably wasn't in the head space to deal, I was lucky to have his parents to contact.

Your tenant remaining in the property I think will help with this paperwork not being another layer she has to contend with immediately. I did a letter of concern about the process to the Bond Admin with their support to do so.

 

No, don’t let her pursue options through QCAT, if she is looking to move, do the right thing and terminate the lease by mutual agreement with no penalty. I lived through the loss of my husband just a few years ago, my extremely decent landlord did just that and I’ll be forever grateful.

You also don’t need to do any paperwork for the bond, when the tenant wants to claim it they just need to supply the death certificate to the RTA.

Edited to add this was in Queensland as well

 

QCAT is also extremely backed up at the moment. You'll be waiting months for a court date. Not worth the stress.

 

Horses for courses, if the deceased's estate has money and forensic cleaning and rectification/remediation (not covered by insurance) to the property because they er killed themselves very unpleasantly has cost the owner $30k (I'll never forget that smell - and slab grinding, I didn't even know that was a thing), then you go after the estate for the money - that is reasonable, but if it is just a few hundred on a unpaid water bill and they essentially have no family remaining and an estranged brother who owns nothing but his two shoes, you just wear it. Every situation is different. Act with compassion, empathy, respect, etc. at same time do what is right for you too - nothing is free, no one owes anyone anything, a tenancy is a commercial arrangement, give and take on both sides where and when required.