If I’m a tenant of a home in a Trust and the owner dies, is my lease agreement void?

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If I’m a tenant of a home in a Trust and the owner dies, is my lease agreement void?

The house is to be left to the kids of the owner. They plan to sell the house when the owner passes away. I have a lease agreement renting the home. If the owner passes away mid lease does this terminate our lease?

Asked on August 12, 2019 under Real Estate Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

The death of  property owner does not terminate a valid lease (unless the lease specifically states otherwise). Further, regarding the sale of a rental property, that also does not affect a valid lease. Any potential buyer must take the property "subject to the lease". In othere words, they must honor it.


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