*Please note: Any questions regarding Legal Hotline Spotlights should be submitted via the Virginia REALTORS^® Legal Hotline. Our attorneys are unable to respond to questions through our comments section.

Q: I manage a residential rental unit with a single tenant. I just learned that the tenant passed away, and the tenant listed himself as his emergency contact. What happens to the lease? What do I do with the tenant’s personal belongings?  

A: Virginia Code section 55.1-1256 describes what happens in this type of situation. If a sole tenant dies, then the rental agreement is deemed terminated by the landlord as of the date of the death. Additionally, the landlord is not required to seek an order of possession from the court.  

Regarding the personal property of the tenant, the landlord would contact the person authorized by the court to the handle the decedent’s estate—either an executor or administrator. If there is no person yet authorized to handle the estate, the landlord may dispose of the personal property after giving at least 10 days’ written notice to the person identified as the tenant’s emergency contact. If there is no such emergency contact, then the notice would be sent to the tenant as if he were still living.  

If the rental agreement provides for notice in electronic form, then the landlord could send the notice in electronic form. The landlord can also serve notice at the tenant’s last known place of residence, which in this case would be the rental unit. If the property is not claimed within 10 days, then the landlord may dispose of the personal property as if it were abandoned in accordance with Virginia Code section 55.1-1254.  

Have a question about this article? Submit it to the Legal Hotline!

The Legal Hotline is a member benefit that has been supporting members for over 25 years. Our team of lawyers answers your important questions about real estate transactions quickly and accurately (usually within three business hours!).

Here are some tips to help make the Legal Hotline work for you!