Legal Question in Landlord & Tenant Law in California
My Dad died and his rent was paid up for the Month of October. The Landlord made us pay for the month of November. If there was a First and Last month and Cleaning Deposit paid when he signed on to rent the place, doesn't the Landlord have to use the Last Month's rent instead of me paying the Rent for November?
2 Answers from Attorneys
I am sorry for your loss.
You are right. The last month's rent deposit is for the last month's rent. If, however, the term of the lease was beyond November, you will need to discuss terminating the lease. Remember that your Dad, not you, owes the rent. If the landlord wants to sue someone, the landlord must sue your Dad's estate (unless you were also on the lease).
I think an attorney would need more information, such as whether this was a lease for a fixed term, or a month to month tenancy. (Called a periodic tenancy.)
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