Tenant Died in the House — Can the Owner Claim Damages?

This is a very interesting case
because it actually happened
and could happen to any homeowner
who rents out their property.
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Many people don’t know that
when such an incident occurs
and the owner wishes to claim compensation,
there are certain facts or elements
that the court takes into consideration.
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#ShortAnswer
The homeowner
cannot claim compensation
from the deceased’s relatives or heirs,
unless it can be proven that
those relatives or heirs were directly responsible for the event,
or had a contractual obligation,
such as being a guarantor or having a prior agreement.
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#DetailedAnswer
Legally analyzed,
the homeowner cannot directly claim
compensation from the relatives or heirs.
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However, if the deceased left an estate,
which passes on to heirs,
the homeowner may claim compensation
from that estate.
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Because the acceptance of inheritance
also means accepting the debts of the deceased.
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The estate includes things like
bank accounts,
and movable or immovable properties.
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But if the heirs renounce the inheritance,
they will not be responsible
for the debts of the deceased.
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Or, if there is a guarantor in the lease agreement —
such as parents, relatives, partners, or others —
the guarantor must be liable
for damages caused by the tenant.
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Then the next question is:
Q: What types of damages can a homeowner claim?
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1.Property restoration costs
For example, replacing a mattress
soaked with the deceased’s blood,
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or yellowish fluid that seeped into the wooden floor
causing it to swell,
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and a foul odor spreading through the room,
requiring deep cleaning or ozone treatment
to remove the unpleasant smell.
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.
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2.Loss of rental or sale opportunity
For instance,
the room became news or viral
because the deceased was a public figure,
making the incident widely known,
causing the property value to drop
or making it hard to rent out again.
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In the case of selling,
if a sale contract was already signed
at market price,
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but the buyer later learned
that a death occurred in the property,
and no longer wished to proceed,
the owner may claim such loss or opportunity damage
from the deceased’s estate.
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However, in another case,
if the owner sells below market price
and the buyer already knows
that the discount is because someone died there,
then after ownership transfer,
the new owner cannot later claim any damages.
.
.
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3.Cleaning or spiritual cleansing costs
(if proven as a legitimate psychological expense with evidence)
According to local beliefs,
one might invite monks or Feng Shui masters
to perform rituals for peace of mind.
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.
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4.Damage to property reputation
This is harder to assess,
but still claimable
if proven that it affected rental potential,
for example,
showing previous continuous rental contracts
and that after the incident,
the property could no longer be rented.
.
.
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Another question:
What if it’s a natural death?
Is it the same as suicide or murder cases?
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If the person died naturally,
such as from illness, accident, or old age,
without another person’s act,
the relatives or heirs are not liable
for any damages.
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The owner may contact the relatives
to clear the tenant’s belongings,
unless otherwise stated in the contract.
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.
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It must be said that...
the cause or manner of death
has many details
and varies by case.
Whether compensation can be claimed or not
depends on specific facts and evidence
to be considered.
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The intention of this article
is to share awareness
and basic understanding.
For more detailed legal advice,
it’s recommended to consult a lawyer.
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Join the discussion at
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