Comments | kalischild: Lawyerly advice?

kalischild

Lawyerly advice?

Dec 09, 2009 20:14

Speaking of my dad, I was wondering if any of my lawyerly friends might have any feedback on California lease law ( Read more... )

Comments 7

larissa_13 December 10 2009, 04:19:01 UTC

I ask all my legal questions here:

http://www.expertlaw.com/

I know the moderator, and the answers I've been told have always been correct.

raindrops December 10 2009, 04:27:49 UTC

Generally, responsibility for a term lease (ie: not month-to-month) falls to the executor of the estate. For month-to-month, tenancy ends 30 days after last payment of rent by decedent,

mooflyfoof December 10 2009, 05:58:19 UTC

I don't have a clue about the legalities, but sweet crap that's a dick move on the landlord's part.

So sorry to hear about your dad. Sounds like he was a wonderful human being.

mooflyfoof December 10 2009, 06:11:06 UTC

You know... do you have a copy of the lease? It might have something about it. Our lease says the following ( ... )

Maybe... otterley December 10 2009, 06:13:09 UTC

I am an attorney, but these are just general legal principles, not legal advice. I do advise you to seek legal advice from a licensed attorney. (Specifically, you might want to ping nightauditor and ask him, or ask madampc.)

Generally under contract law, the death of one of the contracting parties terminates the contract, absent language to the contrary.

However, in many contracts the language binds the party's successors and/or estates to the contract in the event of death. I don't know whether such language is upheld in CA, but if it is, it would mean your father's estate would be bound for the remainder of the lease.

California landlord/tenant law may also have something to say about the matter, but as I no longer have access to Lexis/Westlaw databases, I can't do any research for you. Sorry.