Legal Question in Landlord & Tenant Law in California

I rented a house to an elderly man who passed away on the first of the month, how do I get the family to collect his belongings and leave and who is responsible for the rent for this month ?


Asked on 5/19/11, 10:35 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

First, even though he has passed away, you need to terminate his tenancy. You need to either serve (by posting and mailing) a notice to pay rent or quit, or a notice of beleif of abandonment or a 30 day notice to terminate his tenancy. You cannot exercise "self-help" by considering him no longer a tenant just because he passed way. Practically, his "estate" assumes his tenancy in your property until such time as you terminate it. The estate is also liable for rent until it is terminated.

As for his things, review California Civil Code �� 1965 and 1980-1991 for the procedure for dealing with abandoned property left by a tenant. Unless one of the heirs steps forward to collect the property, you will have to follow those provisions to dispose of his property. You must store and keep it safe while you do these steps.

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Answered on 7/12/11, 9:51 am


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