Q&A: A tenant passed away unexpectedly. What are my legal obligations in this situation?

This raises an age-old (or dead?) question: what happens when a tenant passes away?  The California Assembly decided, a mere 153 years ago, that the tenancy terminates when the owner receives notice of the death.  Enacted in 1872, California Civil Code section 1934 states: “If the hiring of a thing is terminable at the pleasure of one of the parties, it is terminated by notice to the other of his death or incapacity to contract.”

Now, whether it was the pleasure of the tenant to “shuffle off this mortal coil” (Shakespeare, William, Hamlet) we can only speculate.  But the California Court of Appeal has opined that Civil Code section 1934 means that, if your month-to-month tenant dies, their tenancy is legally terminated as of the 30^th day after they last paid their rent. The Court of Appeal also stated that landlords need not serve any written notice terminating the tenancy – notice to the landlord of the tenant’s death suffices. 

This raises some questions: what are a landlord’s legal obligations in this situation? What are the rights of the decedent’s estate (if any) and the inquiring family members who have not provided any documentation of their relationship?  It is common for tenants to pass away with personal property of some value, whether a pauper’s furniture or a prince’s heirloom jewels, but they all must be handled lawfully.

Confirm the death

First, confirm the tenant’s death, ideally with written proof from the family or executor.

Securing the premises

Once the death is confirmed, it is crucial to secure the premises and the personal property. This entails changing the locks to prevent unauthorized access by relatives or acquaintances who might attempt to occupy the premises or remove the personal property.  This is crucial; we have all heard stories of people gaining access to premises without approval, and they are always messy.

Termination of the lease

Next, remember that tenancies and leases can outlive tenants. If the decedent was in a month-to-month tenancy, consider the death a 30-day termination notice.  When a lease term is continuing, it can transfer to the next of kin or the estate executor, meaning the estate might owe unpaid rent until possession is returned

Personal property

When personal property left in a unit by a decedent, owners should only release items to an authorized representative.  If you encounter family members claiming rights without proof, proceed with caution.  It is advisable to confirm their identities and obtain signatures on a written release or waiver.

If no estate administrator or other representative appears and cooperates, owners can serve a notice of belief of abandonment of personal property.  If the personal property is valued at less than $700, owners can dispose of property after the 18-day notice period.  If the personal property value exceeds $700, notice and a public sale are required before owners can dispose of the personal property.

Security Deposit

Owners must follow the same security deposit itemization requirements under the Civil Code 1950.5 as required when tenants vacate, but any balance after proper deductions would be provided to the estate representative.

Three-Year Rule

Landlords are required to inform prospective tenants about any deaths that have occurred on the property within the past three years.  However, if the death was related to HIV/AIDS, the landlord is exempt from disclosing the tenant's medical condition at the time of death.

As always, it is wise to consult an experienced landlord attorney before taking action when a serious tenant issue arises.