Legal Question in Real Estate Law in California

My sister died of natural causes. We were called by the coroner who gave us the key to her apartment. We donated everything to Casa de Cathy except for a few momento's. Am I responsible to pay rent to the landlord while we were cleaning out her apartment? We asked for the return of the security deposit if she was entitled to it. She had lived there for 20 years. We had her apartment totally empty in about two weeks. She died 3 days into the month and she had not paid her rent yet. Am I the next of kin, responsible for a 30 day notice. We had her body cremated and paid for the cremation. We then went to her apartment to clean it out.


Asked on 2/10/16, 4:41 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Death of the tenant does not terminate the lease. The decedent's estate becomes liable, and rental payments are generally a valid cost of administration of the estate. Whomever is executor or administrator has the responsibility for terminating the lease according to its terms, which often will be giving 30 days' notice, but sometimes may mean paying the rent until the lease expires, or until a new tenant moves in. The landlord has a duty to be reasonably cooperative in finding a new tenant.

Read more
Answered on 2/10/16, 5:41 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California