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  1. #1
    Join Date
    Dec 2010
    Posts
    1

    Default Tenant Died After Paying Rent in Advance

    My question involves landlord-tenant law in the State of: California

    My mother in law rented an apartment and paid for the entire year in cash, in advance. $17,400.00. Unfortunately my mother in law died before ever sleeping a night in the property. She did have it under contract for approx. 6 weeks, moving in and decorating. So upon her death the owners becomes very difficult. He would not let us in to retrieve personal effects, required that we provide affidavits and notarized documents, as there was no trust and no estate to speak of. I posted an add in CraigsList looking for a new tenant, whom I had contact the owner directly after I screened them personally and showed the property. The owner would not consider them because I had not presented a formal application and he stated that any new tenant would also have to pay a full year in advance. Finally, frustrated, I informed him that I planned to personally use the apt. for the "quiet enjoyment of my friends and family" as provided for in the lease. Immediately he told me that as a result of my mother in laws death he was canceling the lease and I had to remove all the items within 45 ? days. We did so, in less time than requested.

    Now, The lease started in April and he has been difficult/impossible up until November. Today I received the refund check and it is $4000. He has stated that 6 weeks are required until the new tenant moves in and we are responsible to pay that period, and he is charging me to re-paint the entire (450 sq ft) apartment. $1500.00. Furthermore the property did not have new paint when my mother in law moved in. He is stating that the property is damaged due to all the pictures that she hung w/o his permission. I personally patched all the holes, perhaps I missed a couple but none were larger than a 1/4 inch.

    I feel like it is entirely reasonable to get a full refund from the time all of her stuff was out of the apt, after all he cancelled the lease. Plus I should not have to pay $1500 for normal wear and tear. Please advise.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Tenant Died After Paying Rent in Advance

    Nail holes in walls aren't "normal wear and tear". I don't know the apartment or its size, or if there was anything special about the paint job or if this was a standard "off white" apartment paint job, but you can call area painters to try to determine if the patching and painting charge is reasonable for an apartment of that size.

    If you believe the landlord owes money to the estate, talk to the administrator of the estate about commencing an action to recoup the money.

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