Legal Question in Landlord & Tenant Law in California

Re: A tenant's death

Whoever told you 30-60 days is misinformed!!! If the tenant is alive, it is 15 days (18 days if, notice is mailed).

Notifying landlord of tenant's death ends the lease.

The following is the California law on abandoned property, and gives the landlord 15 days (and can charge rent):

California

Civil Code § 1983 et seq.

The landlord must send a notice to the place the tenant is expected to receive it that (1) describes the property in sufficient detail for the tenant to identify it, (2) advises him that he has 15 days (18 days if the notice is mailed) to claim it, (3) appraises him of reasonable storage costs, and (4) tells him where to claim the property.

The notice must also inform him that unclaimed property of value will be sold at a public sale and property believed to be worth less than $ 300 will be kept, sold, or destroyed.

After deductions for storage, advertising, and the sale, landlords must turn over to the county any residual proceeds.

There isn't anything that I know of specifically concerning death. The few times I have heard of where a tenant dies, the landlords were always reasonable.

You probably should retain a lawyer to write a letter to the landlord, and discuss the return of the property on the phone.

Call, or write, my office if you need more.

Good luck!