What You Need to Know About Tenants’ Rights and Estate Planning in California

What happens to your loved ones when you’re gone – especially those who depend on you for shelter and support?

California tenancy laws are complex, but the good news is there are ways to plan ahead and protect your loved ones.

We’re breaking down what actually happens when a tenant dies in California, what rights your elderly parent might have, and how a strong California estate plan can help.

What Happens to a Rental Property When the Tenant Dies in California?

In California, when a tenant dies, the lease does not automatically end. Technically, the lease becomes a part of the deceased person’s estate, and the landlord can only take certain actions according to state law.

But that doesn’t mean your parent can simply stay in the property indefinitely.

Whether or not your elderly parent can remain in the home depends on a few key factors:

• Was your parent listed on the lease?
• Was your parent a long-term occupant, even if not formally a tenant?
• Was your parent financially dependent on you or did they help pay the rent?
• What kind of lease or rental agreement did you have?
• Does the property fall under rent control or tenant protections?

What If My Parent Was On the Lease?

As a co-tenant, their rights are stronger because they’re listed on the lease. In most cases, a co-tenant can remain in the rental after your death, and the landlord cannot force them out unless there’s a violation of the lease terms, or an expiration of the lease without renewal.

What If My Mother/Father Was Not On the Lease?

This can get tricky because they may be considered an “unauthorized occupant” after your death. This status gives landlords the legal right to issue a notice to vacate—usually 30 or 60 days, depending on local laws.

Unfortunately, this can happen even if your parent lived in the unit for years. From the landlord’s perspective, the legal tenant (you) is gone, and they’re not obligated to let someone else stay.

Do Local Laws Protect Elderly Parents?

Yes—but they’re limited, very dependent on the situation, and different cities have different laws. In cities with strong tenant protections (like Los Angeles, San Francisco, or Berkeley), local ordinances might make it harder for landlords to evict elderly or disabled occupants, even if they weren’t on the lease.

California law also offers certain protections and assistance for dependent adults or disabled family members, especially in rent-controlled apartment buildings or if the property falls under “just cause” eviction rules (like those in AB 1482). The “just cause” eviction rules require a landlord to have a valid reason for evicting tenants occupying the property for over 12 months, whether it is a month-to-month lease or a 12+ month lease.

But even with these protections, there still could be legal challenges, and it’s much better to plan ahead than to rely on the kindness (or ignorance) of a landlord. That’s why Best Coast Estate Law, P.C.’s team of experienced estate lawyers strongly encourage Californians to set up a trust to protect their assets.

Estate Planning Can Help Navigate Occupancy Issues

If you’re worried about what might happen to your parent after you pass away, estate planning can go beyond wills and trusts. A strong estate plan is a valuable tool for housing stability, avoiding the formal eviction process for loved ones, and making sure money is set aside so they can pay rent. 

1. Add Your Parent to the Lease (If Possible)

Simple, yet powerful. If your landlord allows it, adding your parent as a co-tenant gives them clear legal rights to remain in the property after your death. If your lease is coming to an end, you can always re-sign a new lease with them as a co-tenant.

2. Leave Instructions in Your Estate Plan

Make sure your will or trust includes specific instructions about the lease, any prepaid rent, security deposits, and who should take over your affairs. If your parent isn’t financially independent, include provisions for rent support.

3. Get a Trust

You can create a trust that holds enough funds to pay your parent’s rent for a certain number of years. This gives them time to transition or stay in the rented house or apartment without financial stress. A trustee can be appointed to handle the logistics and your assets. The Burbank estate lawyer at Best Coast Estate Law, P.C. can help you set up a trust quickly.

4. Write a Letter of Intent

While not legally binding, a letter of intent can clarify your wishes and help your trustee or executor advocate for your parent and deal with the land lord. Some landlords will work with families when there’s a clear plan and open communication to create a verbal agreement. If landlords are being difficult, be sure to know the regulations set by the local housing authority to protect yourself during these difficult times.

Planning Ahead Matters!

With a little proactive planning, you can make sure your parent stays housed, safe, and supported at the original property.

Planning ahead with an estate plan is our strong suit at Best Coast Estate Law, P.C. We help families throughout California put the right tools in place so that loved ones are protected—whether it’s a trust, a clear estate plan, or simply practical steps to prepare for the unexpected.

Reach out to our legal team today. We’ll help you think through your options, walk you through your estate planning choices, and give you peace of mind that your parent won’t be left out in the cold.

We’re proud to serve clients throughout California—from Palm Springs to LA—and we’re here to make sure your estate plan protects the people who matter most.