|
Welcome back! What did you think of our Property Management Software?
Are you subscribed to our feed and receiving email updates? |
Suppose that a tenant who has a tenancy for a specified term (for example, a one-year lease) dies. The tenancy continues until the end of the lease term, despite the tenant’s death. Responsibility for the rest of the lease term passes to the tenant’s executor or administrator.268
Now suppose instead that the tenant had a month-to-month tenancy. In this case, the tenancy is terminated (ended) by notice of the tenant’s death.269 The tenancy ends on the 30th day following the tenant’s last payment of rent before the tenant’s death. No 30-day or 60-day notice is required to terminate the tenancy.270
268 Joost v. Castle (1939) 33 Cal.App.2d 138 [91 P.2d 172]; Brown, Warner and Portman, The California Landlord’s Law Book, Vol. I: Rights
& Responsibilities, pages 366-369 (NOLO Press 2009).
269 Civil Code Section 1934.
270 Miller & Desatnik Management Co. v. Bullock (1990) 221 Cal.App.3d Supp. 13, 18-19 [270 Cal.Rptr. 600, 604]. See Brown, Warner
and Portman, The California Landlord’s Law Book, Vol. I: Rights & Responsibilities, pages 368-369 (NOLO Press 2009).
You might also want to read:
- Tenants Guide to Moving at the End of the Lease A lease expires automatically at the end of the lease term. 271 The tenant is expected either to renew the lease before it expires (with the landlord’s agreement) or to......
- Tenants Guide to Advance Payment of Previous Month’s Rent Many landlords require tenants to pay “last month’s rent” at the beginning of the tenancy as part of the security deposit or at the time the security deposit is paid.......
- Tenants Guide To Notice To End a Periodic Tenancy To end a periodic rental agreement (for example, a month-to-month agreement), you must give your landlord proper written notice before you move. You must give the landlord the same amount......
