Legal Question in Wills and Trusts in California

Re: Landlord passed away

Your lease is still valid, so your rights will not change. The executor could serve a 30-day notice if you are month-to-month, or have you leave at the end of your lease.

Re: Landlord passed away

Your rights will not change, so the executor may not ask you to leave until the lease expires. If the lease is month-to-month, he/she can serve you with a 30-day notice to leave.

Re: Landlord passed away

Chances are that you will be allowed to stay. Probate executors are charged with maintaining or increasing the value of the estate. Generally, that means that if the estate is collecting rent, it benefits the estate.

Eventually (unless you have a lease, rather than a month to month), they may decide to sell the property. You will receive sufficient notice before that happens.

If you have a lease that terminates at a specific date, they cannot force you to move before that date without some compensation.

Re: Landlord passed away

If you have a lease that provides for a specific period of time it should prevail unless death of the landlord is set out in it as a limitation. If the good of the estate is to sell this particular property you would be given appropriate notice as provided for in the lease, or the jurisdiction where you reside (can differ sometimes).

Re: Landlord passed away

Just to add some note of comfort, unless the property was held in a living trust, and if then a probate is required, it will be several months before an executor is appointed who could legally give you a 30-day notice to vacate. So if you are month to month, you could be looking at up to 6 months plus before anything happens. It never hurts to find out who is the executor and stay on friendly terms.