New DawnBio Restoration Call 615-914-0790

Guide · Landlords, property managers

What Middle Tennessee landlords should know about biohazard incidents

Most landlords will deal with a biohazard incident in a unit at some point: a tenant death, an injury, or drug use. The decisions in the first day affect cost, liability and how quickly the unit can be re-let. This guide covers the practical side; for legal questions about leases and estates, talk to a Tennessee attorney.

The first hour

If someone may be hurt or has died, call 911. Do not enter the affected area beyond what is needed to help someone or let responders in. Once police arrive, follow their instructions about access. Note the time, the officers' names and the case number.

Access and release

If a death or crime occurred, the unit belongs to law enforcement until it is released. After release, the landlord controls access to the unit. The tenant's belongings remain part of the tenant's estate. Keep a written record of who entered and when.

Change or secure locks only in a way that preserves the estate's ability to collect belongings. Avoid letting people other than the identified next of kin or estate representative remove property, and ask for that authority in writing. An attorney can advise on what documentation to request.

Belongings and the family

Contact the next of kin early and agree in writing how belongings in the affected room will be handled. Items in the affected area may need cleaning or disposal; families should have the chance to say what matters to them before anything is discarded.

Photographs, papers, jewelry and keepsakes can often be recovered even from affected rooms. Ask the cleanup company to set these aside and document them.

Neighbors and shared systems

In multi-unit buildings, odor and contamination can reach neighboring units through shared walls, floors and HVAC. Respond to complaints promptly and do not run shared ventilation in a way that pushes air from the affected unit.

Tell neighbors what they need to know without sharing private details about the tenant. A short note that an incident is being handled professionally, and who to contact with concerns, is usually enough.

Protecting your maintenance staff

Maintenance workers should not be sent in to clean blood, bodily fluids or drug residue unless they are trained and equipped for it. Under the OSHA bloodborne pathogens standard, employers whose workers have reasonably anticipated exposure need a written exposure control plan, protective equipment, training and an offer of hepatitis B vaccination. In Tennessee these rules are enforced through TOSHA. It is often simpler to keep staff out and bring in a remediation vendor.

Insurance

Report the incident to your property insurer early. Policies differ on whether they cover biohazard cleanup, removal of building materials, loss of rent and rebuild costs. Ask the adjuster what documentation they need. If the incident was a crime in the tenant's home, the tenant or family may be eligible for help with some cleanup costs through Tennessee's Criminal Injuries Compensation program, which pays only costs not covered by other sources.

Getting a defensible result

Ask the cleanup company for a written scope before work begins and a written summary with photographs afterward. For drug residue, ask for sampling results before and after. These documents help with insurance, with the next tenant, and with any later dispute.

Drug residue and meth

If a tenant used meth in the unit, the property is not automatically quarantined under Tennessee's meth law, which is tied to manufacture. If manufacture was involved, the sheriff may quarantine the property and only a party meeting state requirements can clean it. Check quarantine status before arranging any work.

Rebuild and turnover

Remediation often removes flooring and drywall. Plan the rebuild with your regular contractor. In Davidson and Rutherford counties, residential remodeling between $3,000 and $25,000 can require a Tennessee home improvement license, and larger projects require a contractor license. Allow time for odor checks before new flooring and paint go in, since sealing over a remaining source can trap odor.

Talking with the family

Families are often dealing with grief, travel and paperwork at the same time as they hear from the landlord. A calm first call that explains what has happened to the unit, who is handling cleanup, and what decisions they will need to make, and by when, goes a long way. Avoid discussing money in the first conversation unless they raise it.

Put the important points in writing afterward: who has authority to collect belongings, a reasonable timeline for doing so, how rent and the security deposit will be handled under the lease, and who to contact. If the family disputes any of this, pause and get legal advice rather than acting on your own reading of the lease.

Re-letting the unit

Tennessee law provides that an owner or real estate licensee is not liable for failing to disclose that a property was the site of a homicide, felony or suicide, or of an event that had no effect on the physical structure. Physical conditions are a different matter. If you are unsure what to tell a prospective tenant, ask your attorney, and keep your remediation records in the unit file.

If the death was a suicide, remember that the family and neighbors may be struggling. The 988 Suicide & Crisis Lifeline is free and confidential by call or text at 988, and anyone can contact it, including people worried about someone else.

Security deposits and rent

How rent, the lease and the security deposit are handled after a tenant dies depends on the lease terms, Tennessee law and the estate. Do not deduct cleanup costs from a deposit, or bill an estate, without understanding your rights and obligations. An attorney can explain what applies, and many landlords simply let their insurer and the estate sort out who pays for what.

Set up a vendor before you need one

Property managers who handle many units benefit from having a remediation vendor onboarded in advance, with insurance certificates on file and a single phone number to call. A short written procedure for staff covering who calls whom, who has keys and who talks to families saves time on a difficult day.

Sources

Related services

Further reading

If you need help

Call 615-914-0790 or email contact@newdawnbiorestoration.com. We serve Middle Tennessee.

This page is general information, not legal, medical, or insurance advice. Requirements change; verify with the agency listed before acting.

Call 615-914-0790Email