I have been a landlord for over 20 years. I use a slightly modified version of a standard California lease form. My properties (condos) are not rent-controlled. The lease in question converted to a month-to-month a long time ago. Tenant paid rent (currently $1750/mo; $1500 security deposit) on time for five years. He was the only signatory to the lease (spouse, either divorced or estranged, did not reside with him, but lived nearby; occasionally, his teenage son stayed with him).
I recently learned (from the HOA's pest control company) that the tenant had died rather suddenly (in a hospital), and that during the last several months of his life, his wife (former? still married?) had moved in with him. The lease restricts length of time (consecutive days as well as total time) a guest may reside with the tenant, but I do not know if a former/still-married wife can be deemed a guest. His rent was paid up through two weeks after his death.
The wife and son are still occupying the condo. The last day of the five-day grace period has passed for this month, and the rent is now late (lease allows 5% late fine).
I don't think the wife has any standing if they were divorced or legally separated (how do I find out for sure?). But does she have standing if they were simply estranged? Does the now-18-year-old son, still in high school, have standing (the lease, signed when he was only 13, notes his permission to live with his father)? If the wife or son continue paying rent, how long should I wait to give notice? Is the lease now defunct? Even if they continue to pay rent, I am troubled with having a tenant whose name is not on the lease and for whom I have no information. If I receive a rent payment for this month, my plan is to hold the check until these issues are resolved. This will put a strain on my finances, but it seems like accepting the payment would be tantamount to accepting the tenancy.
On the other hand, if I do not receive rent, what should I do? Immediately begin the eviction process? Serve notice on whom -- Does 1-100? The late tenant's estate? How do I discover who the administrator is?
Any advice would be appreciated. Thank you.
I recently learned (from the HOA's pest control company) that the tenant had died rather suddenly (in a hospital), and that during the last several months of his life, his wife (former? still married?) had moved in with him. The lease restricts length of time (consecutive days as well as total time) a guest may reside with the tenant, but I do not know if a former/still-married wife can be deemed a guest. His rent was paid up through two weeks after his death.
The wife and son are still occupying the condo. The last day of the five-day grace period has passed for this month, and the rent is now late (lease allows 5% late fine).
I don't think the wife has any standing if they were divorced or legally separated (how do I find out for sure?). But does she have standing if they were simply estranged? Does the now-18-year-old son, still in high school, have standing (the lease, signed when he was only 13, notes his permission to live with his father)? If the wife or son continue paying rent, how long should I wait to give notice? Is the lease now defunct? Even if they continue to pay rent, I am troubled with having a tenant whose name is not on the lease and for whom I have no information. If I receive a rent payment for this month, my plan is to hold the check until these issues are resolved. This will put a strain on my finances, but it seems like accepting the payment would be tantamount to accepting the tenancy.
On the other hand, if I do not receive rent, what should I do? Immediately begin the eviction process? Serve notice on whom -- Does 1-100? The late tenant's estate? How do I discover who the administrator is?
Any advice would be appreciated. Thank you.