My landlord died, house being sold, what are my rights?

Question

I have lived in this house in the SF Bay Area for 3 years, the owner of the house (my landlord) died recently. Now I have a realtor jumping down my throat to show the property. Do I get a grace period to clean up the house before showing? How much prior notice do I get from the realtor before bringing people over? Are they allowed to show the entire house including bedrooms? Am I responsible for making the home presentable? What happens to my security deposit? Do I get the 60 day notice prior to eviction? Any links would be greatly appreciated.

Answer 1

If it comes to eviction, maybe you'll receive 60-day notice, since you have been there longer than one year. San Francisco has rent-control laws, too, that may be more restrictive!

The landlord's estate probably wants to liquidate that asset so it can be divided easily among survivors. They are entitled to that right after probate and you must allow the realtor to show the house.

You do not have to clean anything, though. Let them show it as is. Yes, they will look everywhere! It is a prospective buyer who wants to know all about the house. Perhaps the realtor will pay to hire a cleaning crew for you!

If you have any illegal stuff, get rid of that before the realtor sees it! If the police get involved, your situation will become complex. So, move out the grow lights and clean out the weed from your closet.

If you are embarrassed, then don't be present when they show the place. The buyer doesn't know you from Adam.

The realtor must schedule the appointment through you.

Answer 2

1 - The "estate" is now your landlord, not the realtor.  You should be dealing with the executor of the estate to pay rent. If they have not contacted you ... that's their problem. Just make out a check "To the Estate of ___" and hold it for them whileyou wait to be contacted.

2 - Your lease ... whatever it was ... is still valid until it expires. Even if it is a month-to-month, they still have to follow California law to get you out. That means the executor must send all the proper notices, at the proper times.

3 - All your deposits are as returnable now as they were before the owner died.

4 - You are NOT responsible for making the place "presentable" ... that's the executor's job. You can leave it as you normally have it.  they haveto give you reasonable warning for showing it, and have to show it at reasonable hours. You have the right to be there.  

5- The executor can sign a powerof attorney to make the realtor the "agent of record" ... but you have a right to see the power of attorney, and she still has to give all the proper notices.

Answer 3

The death of your landlord ended your contract.   Your lease is no longer valid.

You should be paying rent to the estate for the next 60 days, or until they told you to move, they still have to give you 60 days.

You do not get any "grace period" before they sell the house.    They (heirs) have full rights to sell the property and the only right you have is 24 hours notice.   The entire property is for sale and viewable.

You are entitled to your security deposit 21 days after you move out, you will get that from whoever is executing his will.   It sounds like they hired a real estate agent to handle it.

Answer 4

Contact a local lawyer that specializes in this type of thing.  I believe you have zero rights though.  They are allowed to show the entire house, including the portion you live in.  What does your lease say?  Are you now doing a month to month, or do you have a current lease?

More than likely, you have zero rights.  I believe you get a 2 week notice to move out, but it varies from state to state.  Your local Ombudsman should be able to help.

Make sure you take photographs of the condition you are leaving the house in, so that you have proof that you left the place in good working order, and therefore won't owe anything for clean up or fixing, plus proof that you should get your security deposit back.  It's always a good idea to take photographs of any place you are renting, both upon moving in and moving out.

Good luck

Answer 5

You usually have thirty days to move after a landlord dies ....

yes; the realtor has the right to show the property BUT you can demand up to a 24 hour notice before you have to let him in to show the place ...

Yes; the show the entire house ..how else would someone know IF they even wanted to buy it IF they did not get to see the entire home ....

You can make the home anyway you want ....

If I were you ; I'd be packing and looking for another place to Rent ASAP ....

Answer 6

They are only required to give you 24 hrs notice before showing the house - and YES buyers want to see the entire house.  They are entitled to see all of what they may be buying.

If you have a lease- the new owner will be required to keep you till the end of your lease. If you are on a month to month, then they just have to give you 30 days notice.

Yes- you should keep it as clean as possible during this time.

as long as it is left in same or better condition from when you moved in- you should get your deposit back.

You probably should start looking for another place now - incase the new owner does not want to keep it as an investment property.

Answer 7

I would seriously move.  You have a lease with a dead person, so it's invalid in every state as far as I know.  As far as them showing the house, they can and you have to let them.  Don't wait for eviction, it will ruin your rental history!  Ask the realtor how to get moved out so everyone is happy.