Legal Question in Landlord & Tenant Law in California
death and termination of rental agreement
My Mother died 5-22-07 and was a tenant in an apartment complex. I'm not sure if she was on month to month or year lease, but think it was month to month. She was the only one one the rental agreement .The day she died my husband gave a 30 day notice to the manager- thinking it was the right thing to do. We then received a notice of pro-rated rent due for June. My mother died with no money, no will and no belongings. Also, her pension check and social security check will not be delivered for June, as I have informed them of the date of her death. She has $0 in her checking account and no savings account. Do I have a legal responsibility to pay her pro-rated rent for June- being that my husband gave the 30 day notice? She has a $500.00 security deposit with them, but that doesn't cover the rent due. Plus the unit, which we have already cleaned of her belongings and straightened up, will need to be cleaned, carpets cleaned and walls painted. Thank you for your help in this matter.
1 Answer from Attorneys
Re: death and termination of rental agreement
Unless you and/or husband signed lease, you do not owe money (assuming there was nothing agreed to after your mother's passing). By the way, condolences...my mother died Thanksgiving of 2003, and we all go through it, but it is still difficult.. Landlord will keep the security deposit for unpaid rent. Also, landlord is always responsible for cleaning that is part of normal wear and tear. Your mother's estate would be liable for some things, just as if she were alive, but there is zero money. Bottom line: you don't owe pro-rated rent nor cleaning expenses. Good luck.
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