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Updated over 6 years ago on . Most recent reply

User Stats

287
Posts
98
Votes
Alex Shaughnessy
  • Real Estate Investor
  • Spring Valley, CA
98
Votes |
287
Posts

TENANT DIED IN CALIFORNIA

Alex Shaughnessy
  • Real Estate Investor
  • Spring Valley, CA
Posted

Long story short.............  My tenant died (not in rental) on 9/27/18. I was under the impression that on a month to month lease, it is terminated 30 days later. His autopay paid for Octobers rent. I let his family from out of town stay in the condo to clean it out and handle affairs until 10/12/18. I got new renters but they did not begin until 11/1/18. my questions are

1. am I entitle do prorated rent up to 10/27/18?

2. If one electrical socket is not working, is that able to come out of deposit?

3. What documentation is required to release funds to the estate

I am asking this because out of respect for my tenant, who I really liked, I tried to be compassionate to his family. His daughter is now upset that I will not return Octobers rent and is saying that electrical is my problem. That "I messed up by telling her she had to vacate by the 12th and not the 27th." Now is threatening to sue. im not sure how serious she is, however, any advice would be appreciated. thank you

  • Alex Shaughnessy
  • Most Popular Reply

    User Stats

    991
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    782
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    Christine Kankowski
    • Real Estate Agent
    • Temecula, CA
    782
    Votes |
    991
    Posts
    Christine Kankowski
    • Real Estate Agent
    • Temecula, CA
    Replied

    I think the electrical is your problem- I dont think this was tenant misuse- unless you can prove otherwise, 

    Question-  Did you tell the family they had to be out by 10/12? if so, I think you should collect rent until then and no more.   SO, in my opinion, I think the family is right on this one. 

    The nice thinkg for you is they came and handled his affairs quickly- so refund them and move on with the new tenant.  Best of luck!

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