[CA] My co-tenant died. Am I responsible for the rent?
I’m a tenant on a shared lease in California. One of the co-tenants on the lease has passed away. How is this usually handled for rent obligations?
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If rent or other amounts are owed, you can make a claim against the estate, assuming it has assets (Probate Code §§ 9000–9399). Check the lease to see if it addresses death/assignment; that language can affect how liability is handled.
If the landlord and remaining tenants all agree, you can amend the lease (or sign an addendum) to remove the deceased tenant and add a replacement (Civil Code §§ 1995.210–1995.270).
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I’m a tenant on a shared lease in California. One of the co-tenants on the lease has passed away. How is this usually handled for rent obligations?
Lexi, Chatbot
Does your lease include any clause about a tenant’s death?
No, it doesn’t.
Lexi, Chatbot
Have you notified your landlord?
Yes. Should I ask the deceased tenant’s family to help pay the rent?
Alex, Esq.
I’m sorry for your loss and the stress here. Based on what you’ve shared, unless the lease says otherwise, the remaining co-tenants are still liable for the full rent. Practically, you and the other tenants cover the deceased tenant’s share until someone new takes their place.
Thanks. I understand I’m still liable. Is the deceased tenant’s estate responsible for their share since they were on the lease? If we need to update the lease to remove the deceased tenant, whose consent is required? Could the remaining tenants and landlord just agree to add a replacement tenant?
Alex, Esq.
If rent or other amounts are owed, you can make a claim against the estate, assuming it has assets (Probate Code §§ 9000–9399). Check the lease to see if it addresses death/assignment; that language can affect how liability is handled.
If the landlord and remaining tenants all agree, you can amend the lease (or sign an addendum) to remove the deceased tenant and add a replacement (Civil Code §§ 1995.210–1995.270).
Alex, Esq.
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