Long-Term Tenant Rights After A Property Owner’s Death
In California, the death of a property owner can create uncertainty for long-term tenants, but state laws provide important protections. Whether you rent an apartment, a single-family home, or a unit in a multi-family property, it’s crucial to understand your rights and how the transition of ownership may impact your tenancy. This blog post will explain long-term tenant rights after a property owner’s death.
Does a Tenant’s Lease Survive the Landlord’s Death?
In California, a valid lease agreement remains in effect even if the rental property owner passes away. The lease terms continue under the new owner—whether that be an heir, a trustee, or another party handling the deceased’s estate.
For tenants with a fixed-term lease (e.g., a one-year lease), the existing lease remains binding until it expires, at which point the new owner may decide whether to renew or terminate it under legal guidelines.
For tenants on a month-to-month lease, the new owner can typically terminate the tenancy with proper notice, as required under California law (generally 30 or 60 days, depending on how long the tenant has lived there).
What Happens if the Property is in a Trust?
If the property was owned by a revocable living trust, the successor trustee takes over management of the property after the original owner’s death. The trustee is required to follow the lease terms and must comply with California’s landlord-tenant laws.
Tenant Protections Under Rent Control Laws
Many California cities, such as Los Angeles, San Francisco, and Oakland, have rent control and eviction protection laws. If a property is subject to local rent control ordinances, the new owner cannot arbitrarily evict a tenant. They must have a “just cause” reason, such as unpaid rent, breach of the lease agreement, or a violation of a California law (e.g. nuisance). Under some circumstances, if the “just cause” is a “no fault” termination, such as when a major renovation to the property requires the tenant to vacate, the landlord will be required to pay the tenant “relocation assistance,” which could be substantial.
Rights Under the California Tenant Protection Act (AB 1482)
If the property is subject to California’s statewide rent control law (AB 1482), tenants with at least 12 months of tenancy cannot be evicted without a valid reason, such as the new owner moving in or removing the unit from the rental market under the Ellis Act. Similar to rental properties subject to rent control laws, if a no-fault eviction occurs, the tenant is usually entitled to relocation assistance.
What If the Property Is Sold?
When an estate executor, heir, or trustee sells the property, the tenant’s rights depend on their lease type and local regulations:
- Fixed-term lease: The lease remains valid, and the new owner must honor it.
- Month-to-month tenancy: The new owner can terminate the lease with proper written notice (30 days or 60 days, depending on the length of tenancy).
- Rent-controlled properties: Local laws may further restrict eviction and rent increases.
What Should Tenants Do If Their Landlord Dies?
- Continue paying rent on time—until directed otherwise by the executor, heir, or trustee.
- Determine who is managing the property—whether it’s an heir, estate executor, or trustee.
- Review lease terms and local rental regulations—to understand your rights.
- Seek legal advice if necessary—if facing potential eviction or lease disputes.
Long-term tenants in California have strong protections when a property owner dies, but the details depend on lease terms, local rent control laws, and the actions of the deceased’s heirs or estate representatives. Whether you are a tenant or a successor owner, understanding these rights and obligations can help ensure a smoother transition.
If you have questions about real estate transactions, probate property sales, or landlord-tenant rights, our experienced probate attorneys are here to help. Feel free to contact our office for help understanding long-term tenant rights after a property owner’s death.
Law Offices of Daniel A. Hunt
The Law Offices of Daniel A. Hunt is a California law firm specializing in Estate Planning; Trust Administration & Litigation; Probate; and Conservatorships. We've helped over 10,000 clients find peace of mind. We serve clients throughout the greater Sacramento region and the state of California.
