Legal Question in Real Estate Law in California

Re: The rights of tenants after the owner of the property dies.

Someone has inherited the landlord's equity interest in the house. Perhaps you have been contacted by the new owner already by the time you read this. You need to find out, if you don't already know, who inherited and/or who is the executor of the estate. You might also try to find out who the mortgage lender (the bank, as you say) is.

Tell these people (heir, executor or mortgage lender) that you are the tenant and that you would like to continue as tenant on the same terms as before. Be prepared to show canceled checks as proof of the rent you were paying.

If you have difficulty locating the new owner, the executor or the lender, try inquiring at the recorder's office at the courthouse. Explain the situation to the desk clerk and request assistance in locating the names of the persons who are entitled to possession and control of the property, and to receive the rent.

If you don't find them first, sooner or later they'll find you, but by then the rent may be long overdue and you're off to a bad start. If you make the first contact, they should be favorably impressed and they will probably be content to allow you to stay on as a tenant, at least for a while.

Sometimes, of course, property is sold to settle an estate. This happens because the heirs need or prefer cash (to pay estate taxes, etc.) and for numerous other reasons including disagreement among co-heirs.