Rentals in Los Angeles>Question Details

Bclpraisezone, Home Owner in Los Angeles, CA

If the tenant dies in the hospital and the roommates still lives there. Do I the landlord have to except him as a tenant?

Asked by Bclpraisezone, Los Angeles, CA Fri Oct 29, 2010

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Hi BCL, I think that the answer has been covered, but I would like to know how this all works out. Please update us. As a landlord myself, I would reach out to the remaining roommate and see if you can work something out. He is probably in shock as well after this tragedy. If he is not on the lease, tell him he needs to qualify through you and get on a lease-- he may leave if he can't afford it. If he can, you may end up with a very grateful tenant.
0 votes Thank Flag Link Fri Oct 29, 2010
Are the roommate on the lease? Did they have "implied rights" ? If the answer is yes to any of this questions you may want to consult an attorney before making any move.
0 votes Thank Flag Link Fri Oct 29, 2010
Hi BCL,
All answers below are great. The simple answer is that you do not need to have him as your tenant, if you do not want him. However, anyone living in a property has rights.
Any person who has been given the right to use and occupy rental property is legally a tenant with all the rights associated with tenancy. Those "implied rights" are enforceable, and you need to understand the rules of eviction BEFORE you make any attempt to contact that tenant for removal.
Do not be tempted to undertake a constructive eviction (the process through which a landlord's actions, or failure to act, interfere with a tenant's possession of rental property to such an extent that the property is made unfit for reasonable occupation by the tenant.), or just lock them out.
If you want them to stay, it is wise to have them sign a new rental agreement. Doing so imposes an obligation on the tenant to return the property in a certain condition at the end of the lease. You are entitled to run a credit check, ask for references, etc.
I am a Realtor and not an attorney. You should obtain legal advice, particularly from an attorney specializing in Landlord/ Tenant Law.
Deborah Bremner
The Bremner Group at Coldwell Banker
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0 votes Thank Flag Link Fri Oct 29, 2010
This isn't legal advice, since I'm not a lawyer. However . . .

It depends on the lease. Anyone who is on the lease has a continuing, valid lease. Anyone not on the lease has no lease and, for that reason, no right to remain.

If you were to choose to accept the roomate(s) as tenants, at the very least what you should do is draft a new lease with the names of the new tenants.

From the tone of your question, though, I'm guessing you'd rather not have them as tenants. If that's the case, there's no obligation for you to accept them.

See a lawyer for more information.

Hope that helps.
0 votes Thank Flag Link Fri Oct 29, 2010
Don Tepper, Real Estate Pro in Burke, VA
MVP'08
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If they ar eon the lease then yes, if they are not on the lease then they can not just assume the lease in their name without teh landlords approval in most cases, but they do have rights as a tenant because they are residing there. You should google CA landlord tenant law to review this paragraph. you could negotgiate a new lease or if you seek to evict them, if you do not understand the landlord tenant laws, seek the advice if an attorney so you do it correctly to save time and money.
0 votes Thank Flag Link Fri Oct 29, 2010
If the remaining tenant is a party to the lease and is specifically named on the lease he would have the same rights as the deceased roommate. If the remaining tenant is not included on the lease documents your attorney should help you determine if he was a guest or if he has established an implied tenancy. Since you're writing from Los Angeles it is particularly important that you consult an attorney as many properties fall under the rent stabilization ordinance.

You may learn more about the rent control laws in the City of Los Angeles here:
http://lahd.lacity.org/lahdinternet/RentStabilization/tabid/…

Best of luck,
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0 votes Thank Flag Link Fri Oct 29, 2010
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