What are the landlord’s rights when a tenant dies?

In California, a landlord’s rights when a tenant dies depend on the specifics of the tenancy agreement. Generally, it is the responsibility of the tenant’s legal representative or estate to manage the tenancy. The landlord may need to terminate the agreement if the tenant passes away. The deceased tenant’s estate is responsible for paying any outstanding rent or bills up to the time of death. If the tenant had pre-paid rental payments and there is a balance remaining on the account, the landlord must return the excess amount to the tenant’s estate. If the dead tenant had a co-tenant, the co-tenant may take over the tenancy as the sole tenant, as long as they meet the landlord’s requirements. If the tenancy is transferred to another tenant, the landlord must follow California’s security deposit rules, including ensuring that the security deposit is refundable. The landlord may access the rental unit after the tenant’s death if needed to make repairs, collect items left behind, or inspect the unit for damages. The landlord must provide the tenant’s personal representative at least 24 hours’ notice before entering the premises. The landlord is also responsible for notifying any utility companies about the tenant’s death. The utility company will then transfer the billing responsibility to the tenant’s estate or a new tenant. Overall, landlords must be aware of the tenant’s rights and obligations when a tenant dies. They should ensure their tenancy agreement provides clear direction on their rights in this situation and that they comply with any applicable laws.

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