Legal Question in Real Estate Law in California
Rent and security refund
I recently rented a room in my house to a male tenant. After one week he took his life, thankfully not in my house. His male friend is now threatening me saying that I owe him the rent and security deposit. Does he have a lega right to this money?
2 Answers from Attorneys
Re: Rent and security refund
No.
Re: Rent and security refund
The rent is yours. A tenant cannot "break" a rental agreement or lease by dying. If you didn't have the money already, his estate would owe it to you.
The security deposit, however, is a different story. You may deduct whatever costs you reasonably incur to clean up, repair and re-rent, but the balance (if any) isn't yours; it belongs to the tenant's estate. The friend might be the executor or heir, but how are you supposed to know that?
I'd tell the gent to come back with proof that he is the executor or heir.
Probably can't, but you'll have satisfied your obligation to him, if any, by offering to cooperate to that degree.
Someone is entitled to the balance of the deposit, if any, but it's not up to you to guess.
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