deceased roommate

[Minty]

Hello, I am posting this on behalf of a friend - he is due in court next week, and his flight attendant job will keep him out of town until Monday, so he doesn't have much time to research this.

His former roommate (and best friend) died a couple of months ago in the apartment. The deceased was the only one on the lease, though my friend had a utility bill in his name. To make a long story short, the apartment is still sealed by the police, and my friend cannot get into the apartment to retrieve his belongings. The only people allowed access are the immediate family, and they reside outside of the country.

He has already tried to go through the police, and had the requisite signatures, but the LL told him no, since his name wasn't on the lease. Is there anything he ought to know before going to court?

Thank you.

[Cranky Tenant]

It would be really helpful if you coud explain why the police have sealed the apartment, how long your friend ilved in the apartment, and why he's appearing in court, presuming that's related to the apartment situation.

[Minty]

Certainly (to the best of my ability).

The cause of death was accidental overdose, and it occurred within the residence. My friend was away on an airline shift when it happened, and it took him a couple of days to get back after receiving the message. A mutual friend discovered the tragedy, which would have occurred 2 days after anyone saw him for the last time.

From what I've read, apartment sealing is a normal procedure pending notification of the family and their ability to deal with his possessions. If I'm also correct, there is the matter of possible biological hazard, and the apartment shouldn't be occupied until a qualified cleaning crew has their way with the apartment and surrounding areas (I saw this on a Discover Channel documentary, and there are about 2 companies licensed to do this in the entire city. Obviously, many LLs don't want to pay the amount necessary, and will go with an unqualified company severely underbidding. This is a little off the subject, but it would be nice if the reluctance of the LL in this situation is due to the fact that they want to properly clean the place. Somehow, I don't think this is the issue).

Anyway, he was initially allowed into the apartment to literally grab a suitcase, and he's been living out of the suitcase for the past two months. He doesn't intend on fighting for the lease; he just wants the permission to gather his remaining possessions and place them in storage. He's not technically locked out, but there is the matter of the police sticker, and he doesn't want to get into any trouble, but rather obtain permission to enter legally. He was able to get permission from everyone necessary except the LL, and this is why he must go to court.

Thanks, Cranky. I feel horrible for him, since this was his best friend. He's on a particular airline schedule for the next couple of months, and he's not in a position to request extra time off (as I'm sure most airline workers are these days), and working is helping him keep his sanity through the grief. Any advice would be appreciated.

Oh, and he has resided there approximately two years.

[Minty]

(UPDATE - I sometimes read these posts and wonder, "what ever became of that?" especially if I have the same problem)

The court did decide in his favor, and he was able to retrieve his belongings!