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  1. #1
    Join Date
    Jun 2011
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    12

    Default Life Estate and Landlord-Tenant Laws

    My question involves real estate located in the State of: California.
    I have several questions about a life estate in California. I inherited a house from my father when he died three months ago. His surviving spouse has a life estate in residence. It states that she is required to pay routine maintenance expenses, utilities, phone, etc. Major maintenance, taxes, HOA dues, and insurance are to be paid from the trust estate. Can she paint the interior and install new carpet, have repairs and inspections done, remove, install, replace anything in the house without my permission? I have been told that since these are not matters of habitability but cosmetic and aesthetic, the standard landlord/tenant lease agreement laws apply, specifically she has to ask my permission before she does anything to my house. What are my rights and responsibilities as the Remainderman? What am I legally responsible for? And what am I legally not responsible for?

  2. #2
    Join Date
    Jan 2006
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    38,867

    Default Re: Life Estate and Landlord/Tenant Laws

    No, standard landlord tenant laws do not apply, for anything concerning a life estate.

    in my opinion, painting, carpet, "repairs" (whatever you want to consider that to be) are all maintenance items and the tenant would have all rights to undertake such actions without your approval. In fact, since they are maintenance items, she would be required to take on those items.

    Your only right would be if she was damaging or causing waste to the property which would allow you to seek a termination of the tenancy.

  3. #3
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    Jun 2011
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    Default Re: Life Estate and Landlord/Tenant Laws

    JK, thank you for your reply. To follow up with the last part of your response, if she is damaging or causing waste to the property, can those actions terminate a life estate or just give me grounds to evict her? I'm worried that she could retain the life estate and lease or rent the house to someone else and collect the rent.

  4. #4
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    Default Re: Life Estate and Landlord/Tenant Laws

    Depending on what the damages are, it could give you a right to go to go to court to seek the tenancy be terminated. I court would be overreacting if they would consider terminating the tenancy for something minor or damage the tenant was willing to repair.


    I'm worried that she could retain the life estate and lease or rent the house to someone else and collect the rent.
    that is typically a right of a life estate tenant. For most purposes, the property effectively belongs to the tenant. I saw in your other thread about some limitation of the tenancy. If the limits imposed do not allow her to rent out the house, then she cannot rent out the house.

  5. #5
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    Jun 2011
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    Default Re: Life Estate and Landlord/Tenant Laws

    We're jumping between posts, but does the no assignment limitation prevent her from renting or leasing it to someone else?

  6. #6
    Join Date
    Jan 2006
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    Default Re: Life Estate and Landlord/Tenant Laws

    that is why you shouldn't have multiple posts all concerning the same basic issue.

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