California - Tenant passes away in 6th month of a 1 yr Lease

Previous | Next
 rated by 0 users
Latest post Tue, Nov 6 2012 8:15 PM by adjuster jack. 17 replies.
  • Tue, Nov 6 2012 2:19 PM In reply to

    Re: California - Tenant passes away in 6th month of a 1 yr L...

    Wayy-y-y too long given the topic, and I think you're making this far too complicated for yourself unnecessarily.  :)

    You've already been told that you need to worry about who is representing the estate of the deceased tenant; any "agreement" will be unenforceable as it relates to anyone else/third party individuals.  You aren't free to go after any entity but the estate with regard to money owed.  (Please note it isn't clear what you mean by your "personal and precious time" as it relates to compensation.)

    Even if it is a "small estate", one can get an appointment to be administrator of said estate.

    You aren't obligated to have a signed early termination agreement to relet the place if it's empty/vacant.  The tenant is dead, after all, and presumably his stuff gone.

    One cannot be an executor/administrator of a "trust" but an estate.  One is trustee of a trust, and you've said nothing to indicate there was a will creating a trust, or a pre-existing trust.

    "How can we do that w/o a letter from Mother appointing him as Executor as the application and lease documents contains tenant confidential information."

    It's for a court to "appoint" someone administrator of an estate.  I can't think of anything with regard to this tenant in the way of information that is protected/"confidential" in terms of you having to worry about disclosing it.

    " It is getting so annoying and frustrating and feels like Harrasment at this point."

    I'm sorry, but it sounds like you all are doing the pestering, not them.  You're free to ignore/refuse to open anything you receive.  :)

    Why are you sending notices to pay or quit when I recall you saying that the place is vacant/they moved out the tenant's stuff?  :)

    You aren't obligated to pay attention to any demands to refund the last month's rent or the security deposit to the "Estate of [tenant's name]."   Yes, you're obligated to re-rent as soon as possible after the place becomes vacant and the breach of the contract. 

    "WTF in the world is happening !? "

    I'm not clear what you expect folks to make of this question, so I'll treat it as rhetorical.

    "Only thing I guess we feel we might be dinged for is the extra deposit which the Tenant offered and we accepted."

    Have no idea what you're referring to here.  Nothing unlawful about seeking a deposit of two months' worth of rent for an unfurnished place in CA to my knowledge (three months if furnished), and I don't know of any law prohibiting last month's rent paid in advance; you evidently didn't make it part of the security deposit.  At any rate, given the breach of the lease, I don't see a court "dinging" you for it even if it's true that you weren't in a position to ask for more than two months' rent total up front as security for the performance under the lease -- esp. since he was doing it of his own accord vs. you demanding it (a material difference even in states that typically prohibit paying of rent in advance in this way).

    "Anyway, at this point, we are trying to search for some legal representation ..."

    Nothing stopping you, but I don't know that it's worthwhile.

    What "harassment"?  Talk with law enforcement about any supposed "harassment" but, again, you're not obligated to read or respond to communications.

    "We have every intenetion of returning every dime owed but if it gets prolonged and nasty we will have to rethink that."

    Your only concern should be how long it takes to re-rent the place, plus the terms of your lease if any saying that early termination means forfeiture of deposit.

    "We also want to possibly ding them legally that the family entered the tenant's premise and emptied everything incl all 3rd party stuff w/o a court or lawful document w/o notifying the landlord or w/o our consent."

    Sorry, but if they had keys, this isn't your bone to pick.

    "Cheapos, did not leave any tissue rolls behind (in any of the 3 toilets) and we felt so bad when a prospect's kid had to use the toilet and we were not aware."

    Now you're starting to annoy me with utterly petty nonsense.  Please be more circumspect in any future posts.

    "This has taken my peace and sleep away..."

    Frankly, no offense, but in that case you need to talk with a therapist, because it shouldn't be bothering you that much (and you REALLY need to get out of the investment property business).  There is no reason for you to have missed ANY of your preferred personal activities on the situation you've described.  You're being silly.

    "Why is that Landlords have no so little rights...?"

    This is a silly question; you have plenty of rights.  You just went into managing an investment property without bothering to educate yourself, and that's your own fault.

    "If you are a licensed lawyer in and around Corona, CA (92881) and willing to represent us "aggressively", please contact me at jdrnb007-7 @ yahoo."

    This is not the place to look for a landlord-tenant attorney; it's the message board.  Use the "find a lawyer" feature here or elsewhere, or call the local county/city bar association.

    The proper court would be where the property is located.

  • Tue, Nov 6 2012 3:08 PM In reply to

    • midas
      Consumer
    • Not Ranked
    • Joined on Wed, Oct 24 2012
    • CA
    • Posts 7

    Re: California - Tenant passes away in 6th month of a 1 yr L...

    I would still like to thank you for taking the time to respond in spite of the sarcasm, You have no idea what we are going through.

    You talk as if you educated yourself about Tenant's death situation when you first became a landlord. Yes we knew quite a bit but are learning things we did not the hard way. If any one of you did have to deal with this situation, would have shared with us a lease termination document dealing with a family of deceased tenant.

    Not sure why is it not clear - Yes we send the Mother (next of kin) a notice to pay rent or return the signed Lease Termination agreement which has clauses for 3rd party liability, etc, so that when we re-let and return the deposit we are not liable for any future 3rd party claims or the family themselves.

    To answer your question: There is no will or trust left by the tenant.

    ----------

    "Even if it is a "small estate", one can get an appointment to be administrator of said estate."
    - What is that legal document called so I can ask that lawyer about it.

    So you are saying that we can ignore all communication from family / lawyer till they produce an Estate or Small Estate document !?

    Yes, we have a tenant ready but do not have Lease termination agreement and going through proper legal route giving them 3 day Notice before we officially call it breach of contract. And then we will re-let. But you are saying if the premise is vacant, just go right ahead, occupy it and release it w/o any notice and signed document. I respectfully disagree with you.

    And we are not going after any entity. We are requesting the Mother who requested lease termination and the entity claiming to be Executor of the Estate of Tenant asking to refund the deposit but they have not produced any document and keeps pestering us everyday for it. AND YES THEY ARE THE ONE PESTERING US.

    But thanks again, you are entitled to your opinion.

     

  • Tue, Nov 6 2012 8:15 PM In reply to

    Re: California - Tenant passes away in 6th month of a 1 yr L...

    You've heard the old saying: "He who fights and runs away lives to fight another day."

    I think it's time to consider throwing in the towel. Refund the security deposit (to the estate of ______), change the locks and rerent.

    Weigh that against battling this thing for months and losing all that rent that you could have been collecting from a new tenant.

    I know, it would stick in my craw, too, if I had to back down from something like this.

    The longer you hassle with this the more it becomes a lose-lose situation for you.

    Not telling you to do it, just giving you something to think about.

    And while you are thinking, read about "pyrrhic victory" in case you want to battle this to the bitter end.

    https://en.wikipedia.org/wiki/Pyrrhic_victory

     

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
Page 2 of 2 (18 items) < Previous 1 2 | RSS

My Community

Community Membership New Users: Search Community