Does a squatter&#39;s executor have tenant rights after the squatter&#39;s death? In California, &quot;Bob&quot; was living rent-free for years in exchange for caretaking and minor repairs. There wasn't any written contract. Six weeks ago, Bob's sister &quot;Sue&quot; began to spend substantial time at the residence during Bob's terminal illness. Now Bob has died, what statute or cases support Sue's claim to have rights as a tenant or squatter? What if Sue is the heir? Does Bob's tenant right pass with the estate possibly?
There are no squatters Neither Bob nor Sue are squatters: Bob was there with the owner's permission and Sue was there with Bob's. Adverse possession requires possession that is, well, adverse: against the wishes of the true owner. Bob was almost certainly a tenant, paying rent in services rather than cash. Clearly, the terms of that tenancy are unclear and may not be legal but that is more likely to rebound against the landlord rather than the tenant. So long as the rent (whatever it is) continues to be paid the estate’s tenancy should continue. However, the landlord could start procedures to end the tenancy (probably requiring 1 months notice) at any time.
California Civil Code 1946.7(a) says that A tenant may notify the landlord that the tenant intends to terminate the tenancy if the tenant, a household member, or an immediate family member was the victim of an act that constitutes any of the following... (3) Stalking as defined in Section 1708.7 and stalking is &quot;a pattern of conduct the intent of which was to follow, alarm, place under surveillance, or harass the plaintiff&quot;, with various other conditions also being applicable. It is not sufficient to just allege such harassment, you must attach documentation in the notice to landlord. This means that you must first serve proper notice to terminate the tenancy – you can't just walk away. There has to be some qualified third-party documentation, such as a written police report. It is not required that the victim actually sue and win a case against an alleged stalker.
Sadly, her assets will go into probate, and a judge/probate master will have to rule on how they're disbursed. Typically someone will be appointed as Administrator to the mother's estate. The administrator will contact all creditors, assemble and inventory/appraise the assets (i.e. furniture, car, house, bank accounts, etc.) and pay funerary expenses. Since she died intestate, there will be certain specific rules about who inherits the proceeds. The best avenue for the OP is to petition the court to appoint her as administrator of the estate.
What would be the best course of action now? It has been six months with no communication from him or his estate lawyer, and no will has been filed with the court. Since it's not entering probate, is there any guarantee that he has to faithfully execute the conditions of the will at all or notify any of the beneficiaries? Without probate, can he simply choose to not execute the will? A will has no effect or validity until it is admitted to probate. You can't do anything with a will outside a probate proceeding. Usually state law requires that a will that is in someone's possession be lodged with the court, whether or not they plan on opening up a probate estate, but this requirement is widely ignored. Unlike a will, a trust can be administered without court supervision, without being admitted to probate, although usually, the trust is required to file a notice of its existence with the court if it has become irrevocable (a requirement that is also widely ignored). The trustee of a trust has a fiduciary duty to administer the trust in accordance with its terms and to keep the beneficiaries of the trust reasonably informed about it. Again, sometimes the notice to the beneficiaries is overlooked. Also, it wouldn't be unusual for someone to inaccurately say that a will provided that a certain thing happen, when, in fact, that was a provision in a trust. People are sloppy in ordinary conversation about the distinctions between wills and trusts. If a trust was drafted to avoid probate, the will is probably just a "pour over will" which states that if there is any property that is not in the trust as her death that it is hereby transferred to the trust. Normally, a person would not have both a trust designed to avoid probate and a will with substantive provisions at the same time. If you suspect that you know who the trustee is, the first step would be to write a formal letter that you can prove was sent and received (e.g. via certified mail or FedEx), asking if there is a trust, and if there is one, if you are a beneficiary of that trust, and asking for the trust agreement (or at least the parts of it pertinent to you status as beneficiary). If the person that you suspect is trustee is a trustee, he has a legal duty to let you know these things (which doesn't mean that he necessarily will do so). If you fail to receive cooperation or a response after this initial inquiry, you may need to hire counsel to attempt to obtain this information through the courts.
Yes, they seem to have broken the law. In California, notice must be given for an eviction. This can be a 30/60/90 day notice with no reason needed (typically because the landlord wants the property for something else) or a 3 day notice with cause- the most typical being not paying the rent. Note that COVID exceptions exist, though I don't believe they apply to you. Even after that time, a landlord cannot physically remove a tenant or attempt to drive them out through the destruction/removal of property, locking them out, or cutting off utilities. They are liable for damages suffered as well as penalties. There are lawful procedures in place for this. The removal and destruction of your belongings could constitute either larceny or vandalism. Either way, by unlawfully removing your possessions, they are liable for the damages caused.
The landlord might be able to sue the tenant for actual damages arising from the double occupancy, if utilities are paid by the landlord. Two people tend to use more water than one person. Establishing that there has been any loss would be tricky, but let's assume that there is evidence pointing to some dollar figure. Then the landlord might sue the tenant for causing this damage.
It is generally illegal in all US states for a landlord to change the locks on a tenant. Given your description of the facts, this person (henceforth &quot;squatter&quot;) is a tenant, lack of forms and lease notwithstanding. When a person violates the terms of a lease, the landlord's recourse is to sue the person for damages and to petition for eviction (where the sheriff removes the person from the premise). Penalties for illegal lockouts tend to be very severe, however the tenant on the lease is not the one at risk on that point. The squatter can't win in a court case against the former tenant, but he can still file paperwork which the tenant must respond to. If the tenant of record doesn't show up in court, summary judgment will be entered against him. The landlord can sue you for the rent owed.
Absent any new agreement with the tenant, a purchase is normally subject to any existing lease, so you would be renting to the existing tenant until that lease expires, under its original terms, with you having all the rights and duties under it that the previous owner had. In effect, by signing the purchase agreement, you accepted a version of the original lease with your name in place of the former owner's, but with no other changes. You are entitled to the same rent that the previous owner was entitled to, and must make any repairs or perform any services that the previous owner was required to do.