The Short Answer
Wait for police or the medical examiner to release the unit. Book cleanup of the structure, which is the owner's responsibility. If a sole tenant died, follow Section 92.014 on storing and turning over the property, and Section 92.0162 if the estate ends the lease. Keep an inventory and every invoice.
The Order of Work
The order of work keeps each step from undoing the last.
- Release. Police or the Tarrant County Medical Examiner release the unit.
- Secure the unit. Change the lock or add a lockbox, and keep other tenants and staff out.
- Inventory the belongings. List the tenant's property before anything moves.
- Clean the affected area. The crew removes contaminated material, disinfects, and treats odor.
- Turn over the property. Release belongings to the tenant's designee or another lawful claimant, or store them as the code allows.
- Repair and re-rent. Flooring, drywall, and paint go back in, and the unit is ready to show.
What Texas Law Says About the Tenant's Property
What Texas law says about a deceased sole tenant's property is set out in Property Code Section 92.014.
| Rule | What the code says |
|---|---|
| Removal and storage | The landlord may remove and store the property |
| Inventory | The landlord may require an inventory |
| Turning it over | A designee named by the tenant, or another person with a lawful claim, can collect it before disposal |
| Discarding | Only after a certified-mail removal request, no removal within 30 days of the postmark, and no one claiming the property before it's discarded |
| Deposit | Refunded less lawful deductions, including removal and storage costs |
A written lease can set its own procedure for this, so check the lease first. Section 92.0162 also lets the estate's representative end the lease by written notice, with the estate staying responsible for rent and damage before the lease ends. Ask a Texas real estate attorney about any step you're unsure of.
Who Pays for the Cleanup
The owner pays for cleanup of the structure, since the flooring, walls, and fixtures belong to the owner, and the owner's property policy is the first place to look. When a tenant was the victim of a crime and paid crime-related costs, the Texas Crime Victims' Compensation Program may cover up to $2,250 in cleanup costs after insurance. We invoice whoever signs for the work and itemize each line.
Getting the Unit Back to Rent
Getting the unit back to rent comes down to the cleanup leaving nothing behind. A prospective tenant notices stains, fresh patches over the subfloor, and any trace of odor in a closed unit. A spotless, odor-free unit is what fills the vacancy.
Our crew strips out everything the contamination touched, deodorizes the full unit, and gives the owner a line-by-line invoice for the file.
Frequently Asked Questions
Can a landlord enter the unit after a tenant dies?
A landlord can enter once police or the medical examiner release the unit. Before release, the unit stays closed to everyone. After release, keep entry limited to what's needed to secure the unit, inventory the property, and let the cleanup crew in, and keep a record of each visit.
Can the landlord throw out a deceased tenant's belongings?
Not right away. Texas law treats the late tenant's things as property someone else may still claim, so the landlord stores them and gives them to whoever the tenant named, or another person with a legal right to them, on request. Throwing anything out comes only after the notice period in Section 92.014 runs out with nobody collecting the property.
Who pays to clean an apartment after a crime?
The property owner pays to clean the structure, and the owner's insurance policy is the first payer to check. A tenant who was a crime victim may also have a Texas CVC claim for cleanup costs the tenant paid. We send the scope and invoice to whoever signs for the work.
How soon can the unit be rented again?
The unit can be rented once cleanup, odor treatment, and repairs are done and the tenant's property has been handled under the code. Cleanup of one room takes one to two days, and repairs follow. The written scope gives the expected days for our part before work begins.
Do other tenants need to stay away during the cleanup?
Other tenants can stay in their own units. We close off the affected unit, cover the path in and out, and carry materials out in sealed containers. If the building shares air handling, we seal the affected unit's registers on the first visit so odor doesn't travel.