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What Happens to the Lease Obligation if the Tenant Dies?


Question: If a resident dies and was on a lease, does the estate still owe rent up until someone new moves in? What about a month-to-month agreement? Obviously the person couldn’t give a 30-day notice.

Answer: Death does not terminate term lease obligation if the tenant dies; he resident’s estate remains responsible through the end of the lease term, unless the resident’s estate relinquishes possession of the premises to the landlord, and the landlord is able to re-lease the premises to a new tenant. Month-to-month residential tenancies terminate 30 days after the last rental payment by the deceased tenant (Civil Code §1934). A 30-day notice is not required in this situation. 

Posted by: Sue Carrell and Associates on May 31, 2014
Posted in: Uncategorized