This is a really good question and definitely something all landlords need to be aware of.
The following is from Consumer Affairs Victoria website ( also check with your respective state and territory):
If a sole tenant (the only tenant on a lease) dies, the lease ends on the earliest of the following dates:
• 28 days after the deceased tenant’s legal representative (executor or administrator) or next of kin gives the landlord written notice of the death, or
• 28 days after the landlord gives the deceased tenant’s legal representative or next of kin written notice to vacate, or
• a date agreed in writing between the landlord and the deceased tenant’s legal representative or next of kin, or
• a date determined by the Victorian Civil and Administrative Tribunal (VCAT).
If the landlord gives notice to the deceased tenant’s legal representative or next of kin, they should use the Notice to vacate to tenant/s of rented premises
If a landlord cannot contact the deceased tenant’s legal representative or next of kin, they can apply to VCAT for an order to end the lease.
Claiming or transferring the bond when a sole tenant has died
If the deceased tenant or resident was the only person registered to the bond, the Residential Tenancies Bond Authority (RTBA) will require:
• a Bond Claim form or Tenant Transfer form, completed and signed by both the landlord and the deceased tenant’s legal representative or next of kin
• proof of death.
Acceptable documents include a full death certificate, an interim death certificate issued by the Coroner, an invoice from the funeral director, or a probate or letters of administration
• a statutory declaration from the deceased tenant’s legal representative or next of kin.
The person who signed the Bond Claim or Tenant Transfer form on behalf of the deceased tenant must sign the Statutory declaration by legal representative or next of kin.
Source: https://www.consumer.vic.gov.au/housing/renting/ending-a-lease-or-residency/if-a-tenant-or-landlord-dies
Marlene Liontis
Wednesday, 31 October 2018
