My question involves landlord-tenant law in the State of: California
My mother has been living in the same rent controlled apartment for 45 years and pays around 1/4 of the current market rent for a similar unit in her building. She pays month to month, her rent is current and a check was just mailed, paying her up through the end of February.
My mother is about to go on home hospice care. I do not expect her to last for more than a week or two at best.
I am her sole heir and the executor of her will. One of my concerns is the time it will take to clear out her apartment after she passes The time to sort and go through a 94 year old's lifetime of possessions will be time consuming, I live alone 50 miles away and am not in the best of health myself. I do not have room for her things at my place, and she does have many antiques and items of value that will need to be disposed of. At the rent she is paying, it will be cheaper to stretch things out and leave them at her apartment for several weeks where I can go back and forth as my health allows, instead of paying to have them moved to a storage facility near me and go through them more leisurely.
My question here is this - Section 1946 of the Civil Code requires that a tenant give 30 days notice prior to termination. However, when the tenant dies in the middle of a prepaid rental period, does the clock change and what are the Estate's rights or responsibilities in such matters?
For example, a check has been sent paying rent through the end of February. Let's assume my mother dies on January 30th. Must the Estate give notice then, or can it wait well into February, pay March's rent and give notice to end on March 31st?
Your thoughts?
And on another subject, can anyone point me to a checklist of things/tasks one must do when handling the death of another (forms, notifications, etc.) and when serving as the executor of a small estate (under $100k) where the executor is also the sole heir?
I'm sorry if I seem so cold about this, but when the time comes I know I will be overwhelmed, so I want to accomplish as much as possible now, while I still have my head on straight.
Thanks,
L-1
My mother has been living in the same rent controlled apartment for 45 years and pays around 1/4 of the current market rent for a similar unit in her building. She pays month to month, her rent is current and a check was just mailed, paying her up through the end of February.
My mother is about to go on home hospice care. I do not expect her to last for more than a week or two at best.
I am her sole heir and the executor of her will. One of my concerns is the time it will take to clear out her apartment after she passes The time to sort and go through a 94 year old's lifetime of possessions will be time consuming, I live alone 50 miles away and am not in the best of health myself. I do not have room for her things at my place, and she does have many antiques and items of value that will need to be disposed of. At the rent she is paying, it will be cheaper to stretch things out and leave them at her apartment for several weeks where I can go back and forth as my health allows, instead of paying to have them moved to a storage facility near me and go through them more leisurely.
My question here is this - Section 1946 of the Civil Code requires that a tenant give 30 days notice prior to termination. However, when the tenant dies in the middle of a prepaid rental period, does the clock change and what are the Estate's rights or responsibilities in such matters?
For example, a check has been sent paying rent through the end of February. Let's assume my mother dies on January 30th. Must the Estate give notice then, or can it wait well into February, pay March's rent and give notice to end on March 31st?
Your thoughts?
And on another subject, can anyone point me to a checklist of things/tasks one must do when handling the death of another (forms, notifications, etc.) and when serving as the executor of a small estate (under $100k) where the executor is also the sole heir?
I'm sorry if I seem so cold about this, but when the time comes I know I will be overwhelmed, so I want to accomplish as much as possible now, while I still have my head on straight.
Thanks,
L-1
Extending a Lease Estate Giving Notice on Behalf of a Deceased Tenant
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