How can I designate a representative for my apartment after my death?

Full question:

I live in a rented apartment in Washington. I am the sole occupant of the dwelling unit. I pay rent on a quarterly basis. However, as my health is deteriorating I would like to designate my nephew to act as my representative in case something happens to me. How do I go about it?

  • Category: Landlord Tenant
  • Subcategory: Death of Tenant
  • Date:
  • State: Washington

Answer:

In Washington, as the sole occupant of a rental unit, you can designate someone to act on your behalf after your death. This designation can be made at your request or without your landlord's request. Here’s how to do it:

1. Create a written document separate from your rental agreement. This document should include:

  • The name, address, email address, and phone number of the person you are designating.
  • A signed statement that allows the landlord to permit this person to access your apartment, remove your belongings, receive any refunds owed to you, and dispose of your property according to your will and applicable laws.
  • A clear statement that this designation remains effective until you revoke it in writing or replace it with a new designation.

2. You can change or revoke this designation at any time before your death by providing a new written document.

3. The designated person's authority ends when the landlord or the designated person is informed of the appointment of a personal representative for your estate or when someone claiming to be your successor provides proof of your death and an affidavit meeting the requirements of RCW 11.62.010(2).

For more information, you can refer to Annotated Revised Code of Washington § 58.18.590.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Yes, you can live with someone without being on the tenancy agreement. This person is considered an occupant. However, the rights and responsibilities of occupants differ from those of tenants, as occupants typically do not have a legal lease agreement with the landlord.