Dealing with the death of a tenant can be emotional, complicated, and legally challenging for landlords. In the City of Los Angeles, the steps you must take—and your rights—depend on whether your property is subject to the Rent Stabilization Ordinance (RSO) or is exempt (non-RSO).
This guide provides a clear breakdown of what landlords should do when a tenant passes away in both rent-controlled and non-rent-controlled properties. If you need guidance at any step, call Mirage Law at 424-256-6686 for immediate legal help.
What is RSO vs. Non-RSO in Los Angeles?
RSO (Rent Stabilization Ordinance): Applies to most multi-unit buildings built before October 1, 1978. It restricts rent increases and requires “just cause” for eviction.
Non-RSO: Usually includes single-family homes, condos, or newer buildings built after 1978. These are generally not subject to rent control, but still may be covered under state laws like AB 1482.
Have questions about your property’s status? Call Mirage Law at 424-256-6686 and speak to an experienced landlord-tenant attorney today.
Step-by-Step: What to Do When a Tenant Dies (All Properties)
- Confirm the Death
Get written confirmation such as a:
– Death certificate
– Notice from next of kin
– Police or coroner’s report2. Secure the Unit
Change the locks only if there are no authorized occupants remaining. If unauthorized people remain, consult an attorney before taking any action to avoid a wrongful eviction. Call Mirage Law at 424-256-6686 before making a move—especially if anyone is still in the unit.3. Notify Next of Kin (If Known)
Ask if someone is handling the estate. If there’s no executor or probate, keep records and avoid removing belongings prematurely.4. Handle Remaining Occupants
– Are they named on the lease?
– Are they relatives or caregivers?
– Do they claim a right to stay?
Your next steps depend on their legal status and the type of property.
Call Mirage Law at 424-256-6686 if you’re unsure who has legal rights to the unit.
If the Unit is Subject to RSO (Rent Control)
Under LAMC § 151.30, some remaining occupants may have the right to succeed the tenancy (known as “tenant succession rights”).
Who Can Qualify for Succession Rights?
To qualify:
– The person must have lived in the unit for at least 2 years prior to the tenant’s death (1 year if they are a dependent).
– The unit must have been their primary residence.
– They must be a spouse, child, grandchild, parent, grandparent, or sibling of the deceased.
– They must have been listed on a previous registration or lease agreement, or be able to provide documentation proving residency.
Need help evaluating a succession claim? Call Mirage Law at 424-256-6686 for a quick case review.
What If No One Qualifies?
If no one qualifies:
– Serve a Notice to Quit (30-day, 60-day, or 3-day) depending on the situation.
– File an Unlawful Detainer (eviction) if they refuse to leave.
– The city must be notified of any eviction involving succession rights.
We can help prepare and serve all required notices. Call Mirage Law at 424-256-6686 for immediate assistance.
Handling Personal Property in RSO Units
If no occupants remain, follow California Civil Code § 1983 for abandoned property:
– Serve a Notice of Belief of Abandonment.
– Wait the required period (usually 18 days).
– Dispose of property per law (auction if over $700 in value).
If the Unit is NOT Subject to RSO (Non-Rent Controlled)
You have more flexibility, but you still must follow legal procedure.
Remaining Occupants?
– If no one is lawfully on the lease, you can serve a 30- or 60-Day Notice to Quit depending on how long they’ve lived there.
– If the occupant has been there more than 12 months, serve a 60-Day Notice.
– If they claim rights as heirs or family but aren’t tenants, you may still need to go through formal eviction proceedings.
Confused about notice periods or unlawful occupants? Call Mirage Law at 424-256-6686 to speak directly with a landlord attorney.
Security Deposit
The security deposit belongs to the deceased tenant’s estate.
Send an accounting and any refund to:
– The estate executor or administrator, or
– Hold the funds until contacted by probate, or escheat to the State of California if unclaimed.
Mirage Law at 424-256-6686 can assist in handling deposit disputes and probate-related issues.
Can a Landlord Just Remove Belongings?
No. Even if the tenant has died, their personal property cannot be removed or disposed of unless:
– You follow the proper legal notice procedure, AND
– No one from the estate or family claims it within the required timeframe.
Improper removal can lead to civil liability for wrongful conversion or eviction.
Call Mirage Law at 424-256-6686 before taking any action with tenant property.
What if the Unit Is Empty and No One Claims It?
If the unit is clearly abandoned and no one asserts a claim:
1. Post a Notice of Belief of Abandonment (Civil Code § 1951.3).
2. Wait the required number of days (typically 15–18).
3. You may then take possession and re-rent the unit.
Make sure to document the condition and inventory any items left behind.
Need help with notices or timing? Call Mirage Law at 424-256-6686.
Key Legal Citations
– LAMC § 151.30 – Succession Rights under LA Rent Control
– LAMC § 165.09 – Just Cause Evictions
– California Civil Code § 1951.3 & § 1983 – Abandoned Personal Property
– California Code of Civil Procedure § 1161 – Notices to Quit
Final Tips for Landlords
– Document everything: notices served, conversations, occupant names, etc.
– Don’t assume you can act just because the tenant died—always verify rights.
– If unsure, consult an eviction attorney in Los Angeles to avoid delays or lawsuits.
– Always use the proper notice forms, and include a proof of service for legal compliance.
If you are a landlord dealing with a tenant death in Los Angeles, Mirage Law is here to help—from succession rights disputes to notice drafting and full eviction support.
Call Mirage Law at 424-256-6686
Serving landlords across Los Angeles with fast, effective, and compliant legal strategies.