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California Laws on the Death of a Tenant

Whenever a person dies, there are loose ends the executor of his estate must tie up. If the deceased person rented an apartment or commercial property, the executor must contact the landlord. In California, leases don't automatically terminate upon the death of one of the parties, so the executor may have to pay rent for several months on the deceased person's apartment.

Termination of Lease

    As of April 2011, if a tenant had a long-term lease, it does not expire upon his death. Instead, the tenant's executor must continue to pay rent until the lease's end. The executor may use estate funds to pay this debt. If the tenant had a month to month lease, the lease ends 30 days after the date of the tenant's death. The landlord does not need to give notice to the tenant's executor before terminating the lease in this case.

Disclosure

    If a tenant dies while occupying a rental unit in California, the landlord must disclose this fact to prospective new tenants for three years following the tenant's death. The landlord must disclose how the death occurred, for example, whether it was due to foul play or illness. However, the landlord is not obligated to disclose that a tenant died of complications related to AIDS, although he must do so if a prospective new tenant asks him directly.

Written Notice

    If the lease contains a clause stating that the lease terminates upon the death of either party, the executor of the tenant's estate must serve a written notice to the landlord informing her of the death of a tenant to terminate the lease. If the lease does not contain such a clause, the landlord cannot terminate the lease early without going to court to secure an eviction against the dead tenant's estate.

Death of Landlord

    The same laws apply to the death of the landlord as to the death of the tenant. If a landlord dies, tenants must still remain in the building until their lease expires, and the landlord's executor must take care of the rental property until that time. The new owners can choose to evict all tenants if they wish to sell the rental property, but cannot do so until after the tenant's lease has expired.


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