Legal Question in Real Estate Law in California
If the tenant dies and has no relatives, how and when do you proceed with the clearing of the belongings?
1 Answer from Attorneys
It would be highly unusual for a person to have NO relatives. Have you checked to make sure none of the grandparents of the tenant have any living descendants? Probate Code sections 6401 to 6402.5 describes who are "relatives" for intestate succession situations, and it's pretty broad. You probably mean "no relatives that I'm aware of" or something like that.
When someone dies with no heirs under P.C. 6401-6402.5, the decedent's estate escheats to the state. You may want to Google the term "escheat." Escheat of decedent's property is covered in the Probate Code, sections 6800-6806.
Next, the death of the tenant does not terminate the lease. It remains in effect, and the decedent's executor or administrator becomes responsible for the remaining term of the lease.
If you do not have a lawyer who works for you, I suggest that you have an initial office conference with a lawyer who does wills, trusts and estates. It would not be a good idea to take any steps regarding the belongings other than to safeguard them until the matter of who has a legal right to them is clear.
The right to occupy the space and to be in possession of the belongings passes to the deceased tenant's heirs or to the state, not to the landlord. The landlord may, of course, terminate the lease or rental as to the tenant's successor for the usual reasons, including expiration of the term or nonpayment of rent.