Pasadena, CA asked in Landlord - Tenant and Probate for California

Q: What rights/responsibilities does power of attorney have regarding deceased loved one's lease?

My mother was appointed power of attorney over my grandmother's affairs and she recently passed. She is working with the property management company where my grandmother lived to clear out her property but also learned that my grandmother was allowing someone else to live in her apartment who is not on the lease (at least to her knowledge). Here are my questions:

1. My mom originally requested until 2/28/23 to have property removed and signed agreement to do so but now wants to change that. Can she request a 30-day notice to vacate?

2. The other person living there changed the locks, is my mom entitled to keys?

3. If the other person is not on the lease, does my mom have the right to have their car removed?

4. Is my mom entitled to copies of the lease?

5. In either scenario (other person on the lease or not) who is entitled to receive the security deposit?

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1 Lawyer Answer
Anthony M. Avery
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Answered
  • Landlord Tenant Lawyer
  • Knoxville, TN

A: Once the principal/ward dies, the power of attorney is terminated for the attorney in fact agent. Hire a competent CA attorney for advice.

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