Legal Question in Real Estate Law in California

Re: Leases

I intend only to suppliment the other three attorneys. If the lease was signed the deceased probably paid first and last month's rent. As soon as the landlord was/is informed about the death the landlord is under a duty to minimize the parties damages (mitigate damages), and re-lease the premises. Depending on the rental market for that type of premises. There is probably money due back to the estate.

Re: Leases

The prior answers do not seem to be in complete agreement. Here is what the civil code says:

"Civil Code section 1934. If the hiring of a thing is terminable at the pleasure of one of the parties, it is terminated by notice to the other of his death or incapacity to contract. In other cases it is not terminated thereby."

California courts have interpreted this statute to apply to residential leases. Therefore, the unexpired term of a fixed-term lease is an obligation (as well as an asset) of the estate.

The usual practice in California seems to be for landlords to attempt to collect rent until the executor or administrator has removed all of the deceased tenant's personal property from the premises, and then to forgive the balance of the lease. However, they are not required to do so. Of course the usual 'mitigation of damages' rules would apply, limiting the landlord's potential recovery.

Re: Leases

Against whom can the landlord enforce it? The lease is null and void if a party dies. The landlord could try to argue that the estate is liable, but that is very weak since there has been a frustration of purpose and impossibility since the tenant has died. The landlord would be better served to find a new tenant.

Re: Leases

Unless there is something in the lease to the contrary, the landlord can enforce the terms of the lease against the estate of the tenant. By the same token, the tenant's heirs would be able to enforce the lease against the landlord.

Re: Leases

The lease is enforceable against the tenant's estate. The executor can try to sublease it, or the landlord can take it back and try to lease it, in which case the estate would be liable for the rent up to the time the new tenant moved in (plus any difference in rent if the fair market value of the lease dropped for the new tenant).

The heirs are not personally liable, just the estate, meaning the deceased person's property (cash, investments, personal property, etc.).