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DEATH OF A TENANT

death of a tenant

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DEATH OF A TENANT

In the event of a tenant’s death, the administrator or executor of their estate becomes responsible for their tenancy. This means that they will be responsible for paying rent, as well as any debt or damages, owed to the landlord. The rules about ending a tenancy are the same as they would have been had the tenant never died.

If the tenancy is a fixed term tenancy, the executor of the estate is responsible for the tenancy until the end of the term. If they do not want this responsibility, they can request written permission to assign the tenancy to a new tenant or try to negotiate a mutual agreement to end the tenancy with the landlord. See TRAC’s webpage, Sublet and Assignment, and Residential Tenancy Branch form, Mutual Agreement to End Tenancy.

WHAT THE LAW SAYS

  • RTA Section 1 – Definitions (see definition of “tenant”)
  • RTA Section 44 – How a Tenancy Ends
  • RTA Section 45 – Tenant’s Notice
  • RTA Section 34 – Assignment or Sublet

PREVIOUS DISPUTE RESOLUTION DECISIONS

  • RTB Decision – Tenant Dies Without Will or Personal Representative
  • RTB Decision – Estate Becomes Tenant

USEFUL LINKS / OTHER RESOURCES

  • RTB Policy Guideline 19 – Assignment or Sublet

STARTING A TENANCY
Am I Covered By the Law?
Condition Inspection Reports
Fees
Finding Out Who My Landlord Is
Finding Rental Housing
Human Rights
Locks and Keys
Personal Information
Pets
Residential Tenancy Branch
Roommates
Security / Pet Damage Deposits
Tenancy Agreements
Tenant Insurance
Utilities
DURING A TENANCY
Bed Bugs / Other Infestations
Fees
Finding Out Who My Landlord Is
Guests
Locks and Keys
Paying Rent
Pets
Quiet Enjoyment
Rent Increases
Repairs and Maintenance
Residential Tenancy Branch
Roommates
Selling a Rental Unit
Services and Facilities
Serving Documents
Sublet and Assignment
Utilities
ENDING A TENANCY
Abandonment of Property
Breaching Important Terms
Breaking a Lease
Death of a Tenant
Enforcing an Eviction
Evictions
Fires and Other Disasters
Foreclosure
Locks and Keys
Moving Out
Residential Tenancy Branch
Security / Pet Damage Deposits
Selling a Rental Unit
Sublet and Assignment
DISPUTE RESOLUTION
Applying for Dispute Resolution
Enforcing a Monetary Order
Enforcing an Eviction
Finding Out Who My Landlord Is
I Disagree with my Decision
Important Deadlines
Participating in a Hearing
Preparing for a Hearing
Residential Tenancy Branch
Resolving Without a Hearing
Serving Documents
The Decision and Order
TYPE OF TENANT
Disability
Families
Low-Income
New Immigrants
Seniors
Students and Youth
TYPE OF HOUSING
Apartments
Condos and Townhomes
Co-operative Housing
Hotels
Indian Lands
Living with the Owner
Manufactured Home Parks
Rented Houses
Secondary Suites
Subsidized Housing

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