Question: If a resident dies and was on a lease, does the estate still owe rent up until someone new moves in? What about a month-to-month agreement? Obviously the person couldn’t give a 30-day notice.
Ted Kimball
Kimball, Tirey & St. John LLP
Answer: Death does not terminate term lease obligations. The resident’s estate remains responsible through the end of the lease term, unless the resident’s estate relinquishes possession of the premises to the landlord, and the landlord is able to re-lease the premises to a new tenant. Month-to-month residential tenancies terminate 30 days after the last rental payment by the deceased tenant (Civil Code §1934). A 30-day notice is not required in this situation.
Question: If someone owes late charges and NSF check charges, do I give them a three-day notice to pay rent?
Answer: The three-day notice to pay rent or quit should only include rent – no late charges. A separate notice to perform covenant for late charges can be served at the same time as the notice to pay rent is served.
Kimball, Tirey & St. John LLP is a full service real estate law firm representing residential and commercial property owners and managers. This article is for general information purposes only. Laws may have changed since this article was published. Before acting, be sure to receive legal advice from our office. If you have questions, please contact your local KTS office. For contact information, please visit our website: www.kts-law.com. For past Legal Alerts, Questions & Answers, and Legal Articles, please consult the resource library section of our website.