Legal Question in Landlord & Tenant Law in California
Landords have died and I've been paying the rent to the son. The property is not in the sons name should I have done that.
Asked on 4/10/13, 11:41 am
1 Answer from Attorneys
No. You should have and had a right to withhold rent until an administrator for the estate was appointed by the probate court OR the successor/heir or whatever took legal title. If the son is the only heir, it's kind of a no-harm/no-foul, but that is the proper course of action. You should insist that the son open a probate or otherwise get the property in his name before he asks for any more rent.
Answered on 4/10/13, 2:16 pm
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