Affidavit for Removal of Property of Deceased, Incarcerated, or Permanently Incapacitated Tenant and Indemnification Agreement

Purpose
The purpose of this form is to enable you to take advantage of the language in paragraph 1 of the TSSA lease’ which allows you to, at your option, allow anyone who the tenant has listed in the last blank (the “emergency contact” blank) in paragraph 1 of the TSSA lease, or the tenant’s brother, sister, spouse, parent, or child over 18 years of age, to have access to the tenant’s space if that person signs an affidavit that the tenant is deceased, incarcerated, permanently missing, or permanently incapacitated. The affidavit is in the Goldbook© CD.

When to Use
You will want to exercise your own judgment in deciding when to use this form. If you obtain proper identification from the emergency contact or brother, sister, spouse, parent, or child over the age of 18 and the person signs this affidavit before a notary; you should not have any liability for turning over the contents of the unit to this person. However, you may want to decide on a case-by-case basis when you want to allow the emergency contact or relative of the tenant to use this option. This clause is included in the TSSA lease primarily for the purpose of allowing a tenant who cannot act for himself (he is deceased, in jail, etc.) to have a relatively easy way to access his unit.

If the tenant has listed one or more people in the “persons with same access and lock cutting rights as Tenant” blank in paragraph 1 of the TSSA lease (the next-to-last blank), then that person has the right to access the unit, so chances are you would not need to utilize this affidavit.

Tips for Use
You should always insist on the form being notarized, and make sure that the form is completely filled out (all of the relevant check boxes checked, the tenant’s and his relative’s full name filled out, etc.). Whether to utilize this form is entirely up to you. You may decline to utilize this form and, for example, institute foreclosure proceedings on a tenant who is in jail and has not paid his rent. Always keep the original of the affidavit for your files.