Tenant wants early termination of lease in California

[Sonia Arreguin]

My long-term tenant wants out of his lease due to his adult son passing away. The son lived with him, was a co-tenant on the lease, and was the main person making the rent payments. Before passing, the son scheduled the next month's payment but it hasn't deposited yet (it should in a couple of days). The tenant claims he's under financial stress due to being out of work after an injury and is struggling to get the funds together for the funeral services. He asked to be released from the lease in 30 days (at the end of the month). 

I, of course, feel terrible about the situation and would love to help if possible. The lease stipulates a $3,000 early termination fee which I am considering waiving in order to help him out. However, I cannot find any record of the death online (obituaries, coroner's list, etc.). Is it okay for me to ask for proof of death? I don't want to be insensitive. 

Also, is he entitled to the security deposit (minus any repair expenses)? Or does he surrender that because of the early termination?

Thank you!

[Chris Seveney]

Quote from @Sonia Arreguin:

My long-term tenant wants out of his lease due to his adult son passing away. The son lived with him, was a co-tenant on the lease, and was the main person making the rent payments. Before passing, the son scheduled the next month's payment but it hasn't deposited yet (it should in a couple of days). The tenant claims he's under financial stress due to being out of work after an injury and is struggling to get the funds together for the funeral services. He asked to be released from the lease in 30 days (at the end of the month). 

I, of course, feel terrible about the situation and would love to help if possible. The lease stipulates a $3,000 early termination fee which I am considering waiving in order to help him out. However, I cannot find any record of the death online (obituaries, coroner's list, etc.). Is it okay for me to ask for proof of death? I don't want to be insensitive. 

Also, is he entitled to the security deposit (minus any repair expenses)? Or does he surrender that because of the early termination?

Thank you!

 If they were long term I would let them break the lease and if the home was left in good condition then I would return the deposit - now this is just me but you have  alease that dictates specific terms that you can uphold them too or not.

It would be ok to ask for the death certificate, and what you could say is its our policy to waive the fee for death but we need a record of it.