What to do When Your Tenant Is Terminally Ill or Hospitalised for Long

When a tenant has been in the hospital for long, terminally ill, or unconscious, and the property is sitting unattended, the situation must be handled with care. Here are some steps the landlord can take.

1. Verify before you act
Do not rely on rumours. Confirm the tenant’s condition through reliable sources such as relatives, guarantors, or credible contacts. Acting on assumptions can create legal exposure.

2. Reach out to next of kin or Guarantors
Every landlord or property manager should have the emergency contact details of the tenant on file. Inform the person calmly and clearly, and establish a line of communication.

3. Do not assume access rights
The fact that the tenant is absent or even unconscious does not give you automatic entry into the premises. The tenant still has exclusive possession under the law.

4. Enter only where there is a real emergency
If there is a genuine risk such as fire, flooding, or electrical danger, you may enter to the extent necessary to resolve it. Outside of this, wait for consent from the next of kin or representatives.

5. If you must enter, document everything
If you must enter the premises, ensure that there are witnesses present. Take photographs. Prepare a simple inventory if anything is removed. You role is to preserve the property, not to take over control unless ordered by the court.

6. Protect the tenant’s belongings
Do not remove, use, or dispose of any personal property. These items remain the tenant’s. Even in the tenant’s absence, the law protects the tenant’s possessions.

7. Keep the property secure
An empty house or unit can attract unwanted attention. Without violating the tenant’s rights, take reasonable steps to secure the premises through external monitoring or coordination with security personnel.

8. Handle rent issues with wisdom
Legally, rent obligations continue. Practically, this is not the moment for pressure tactics. Engage the family and explore reasonable arrangements for payment or to terminate the tennacy if necessary.

9. Avoid self-help at all costs
Do not change locks, evict, or repurpose the premises. Actions like these can amount to trespass or unlawful interference of quiet enjoyment, even if your intentions seem justified.

10. Seek legal guidance
If the situation becomes too prolonged or unclear, involve a legal practitioner and consider appropriate court-backed steps to take possession of the property.

To conclude, the law expects you to act as a careful custodian of the tenant’s property. The tenant’s condition may have changed, but his legal rights have not. Handle the situation properly, to protect both you and your property.

Disclaimer: This information is provided for general information purposes only and is not intended as legal advice. Always consult a qualified real estate lawyer for guidance on property transactions.

Message by:

Ayobayo Babade Esq, ACIArb (UK), FIMC

Tope Babade & Co (Real Estate Consultants).