Legal Question in Landlord & Tenant Law in California
A person was found deceased in their rental apartment by the property manager. The family was notified and told by the property manager a notice for unpaid rent was posted but, due to the fact the tenant had died, rent was not paid. The property manager has now changed the locks and the family is unable to process the removal of the deceased tenant's possessions. The family was not given notice by the property manager that this action was going to take place. The tenant was found deceased on Tuesday, October 21st and the family returned to his apartment and found the locks changed today, Friday, October 25th. What rights do they have to gain access to the apartment on behalf of the deceased relative. The adult children were notified by the property manager and that person never advised them this action of changing the locks would take place.
1 Answer from Attorneys
It depends on whether the landlord has obtained a writ of possession. If not, changing the locks is illegal. Contact a local lawyer.