What to do when a tenant dies—guidance for BC landlords and property owners

Recently, our company received a negative Google review regarding how we handled a very sensitive situation—the death of a tenant in the building.

Few situations are as sensitive—and legally complicated—as managing a rental unit after a tenant has passed away, especially when there’s no known next of kin. For landlords and property managers, this raises both human and procedural questions.

In this case, one of the tenants in the building was a friend of the deceased. They could not understand the process that landlords and their property managers are obligated to follow, and were frustrated that we would not allow them to “help” by cleaning up the suite. While their desire to assist came from a place of kindness, the law sets out a very different path that landlords are required to follow.

Here’s how the process works in British Columbia:

1. First steps

If a tenant dies in their suite:

If you suspect a tenant has passed away in their suite:

1. Call emergency services (911) immediately. Police or paramedics must confirm the death.
2. Once confirmed, the Coroner’s Office becomes involved, particularly if no next of kin is known. They are responsible for investigating the death and attempting to identify or notify relatives.

At this stage, the landlord should not remove or touch any personal belongings in the suite, but should ensure the unit is secured against unauthorized entry.

If a tenant dies in hospital:

There may be times where a tenant passes away in hospital. The BC Coroners Service takes charge of locating next of kin.

At this stage, the landlord should not remove or touch any personal belongings in the suite, but should ensure the unit is secured against unauthorized entry.

2. Who has the authority to deal with a deceased tenant’s belongings?

If no next of kin can be found:

If no next of kin can be found, the BC Coroners Service works with the Public Guardian and Trustee of BC. The Public Guardian and Trustee can act as the estate administrator in cases where no executor or heirs are known. They will eventually give instructions about how to handle the deceased tenant’s belongings.

For the landlord or property manager, this means waiting until legal authority is established before clearing or re-renting the unit.

If there is a legal executor or administrator of the estate:

If someone claims to be the executor, you should request formal documentation before granting access. This typically means:

• A copy of the representation grant (or probate documents) issued by the BC Supreme Court, or
• A notarized copy of the will naming them executor (if probate has not yet been completed).

Only once this proof is received should they be allowed access to the unit. At that point, the executor has the same authority as the tenant would have had.

3. Can family and friends access the deceased person’s unit?

This is often where confusion and frustration arise:

• If a friend or family member asks for access but cannot show proof that they are the executor or administrator of the estate, you cannot grant them access. The law requires landlords to safeguard the unit until legal authority is established. Allowing them in would risk liability and could be seen as interfering with the estate.  
• As noted above, if someone claims to be the executor, you should request formal documentation before granting access. 

4. How must landlords and property managers handle a deceased tenant’s belongings?

The rules around belongings are strict:

1. Landlords cannot simply dispose of items, even if no relatives are known.
2. Once possession of the unit is legally recovered, the landlord must follow the RTA rules on abandoned property:
   • Give notice of intent to dispose of goods.
   • Store items safely for a prescribed period (at least 30 days, if valuable).
   • Work with the Public Trustee if they’re administering the estate.

In practice, this often means securing the unit and waiting for the Coroner or Public Trustee to give direction.

5. What happens to the tenancy?

Under the Residential Tenancy Act (RTA):

1. A tenancy does not automatically end at death. Instead, the estate of the deceased tenant becomes the tenant.
2. This means rent continues to be owed by the estate until the tenancy is formally ended.

If there’s no known next of kin, the landlord may need to apply to the Residential Tenancy Branch for an Order of Possession, naming the “estate of the tenant” as the respondent. This provides the legal authority to reclaim the suite.

6. Financial considerations

1. Unpaid rent or damages become claims against the estate. If the Public Trustee takes control, landlords may file as a creditor.
2. Security deposits may be applied against unpaid rent or damages, but only after proper Residential Tenancy Branch procedures are followed.
3. If no estate exists (or if it has no assets), the landlord may have to absorb some costs— though insurance may cover cleaning and remediation in certain circumstances.

The human side of the process

The death of a tenant is never just a legal matter—it’s a human one. Property managers and landlords must walk a careful line between empathy for grieving friends and neighbours, and the legal obligations that govern how a tenancy and belongings are handled. 

The process of dealing with the deceased person’s belongings and tenancy may feel slower than some expect, but skipping any of the steps listed above—even with the best of intentions —would put the landlord in breach of the law and risk significant penalties.

Friends and neighbours often want to help out of compassion, but a landlord and property manager’s responsibility is twofold:

1. To respect the tenant who has passed away, by ensuring their belongings and tenancy are handled legally and respectfully.
2. To protect owners and residents, by following the law and avoiding actions that could create liability or legal challenges.

When someone asks for access without proof of authority, the answer must be “no”—not out of coldness, but out of respect for the law and the deceased. When an executor provides the correct documentation, the answer becomes “yes,” and property managers should work with them to ensure the estate is handled properly.

By respecting both the law and the dignity of the deceased, landlords can navigate these difficult situations with fairness, compassion, and professionalism. It may not satisfy everyone in the moment, but it ensures the process is beyond reproach—protecting the tenant’s legacy, the landlord’s interests, and the integrity of the community.