What To Do If You Inherited A Probate Home With Tenants? A Guide Into Your Options

What To Do If You Inherited A Probate Home With Tenants A Guide Into Your Options


Finding yourself inheriting a probate property with tenants can feel overwhelming, stirring a mix of emotions and logistical challenges. This unexpected scenario often arises when the deceased owned a rental property or had occupants in their home at the time of passing. In these delicate situations, understanding your options and navigating with empathy is key.

A Complex Situation: The Reality of Inheriting a Tenanted Property

Imagine stepping into the shoes of inheriting a home, only to find it occupied by tenants. It’s a situation that can feel tangled and emotionally challenging. There are legalities to consider, the need for respectful communication with the occupants, and the desire to transition smoothly through a potentially chaotic time.

Understanding Your Choices:

Notices to Vacate: Navigating Timeframes
Once appointed as the administrator by the court, you’re faced with the decision to issue a notice to vacate. Here’s where the difference in time frames matters significantly:

30-day Notice: For occupants residing in the property for less than a year, a 30-day notice is applicable. This shorter time frame provides a window for occupants to find alternative arrangements and relocate from the property.

60-Day Notice: Should the tenants have lived in the property for over a year, a 60-day notice is required. This extended notice period acknowledges their longer tenancy, offering a more generous timeframe for them to secure new living accommodations.

Understanding these distinctions helps navigate the situation with sensitivity and respect for the occupants’ circumstances.

Respecting Lease Agreements: It’s crucial to honor any existing lease agreements between the deceased and the tenants, abiding by the terms and allowing the lease to run its course.

Cash for Keys Agreement

One potential pathway to consider is the “Cash for Keys” arrangement. This involves offering a mutually agreed-upon amount to help occupants move out voluntarily. This approach often provides a smoother transition and helps maintain a positive relationship with the tenants.

Accessibility Challenges:
One of the complexities of selling a property with tenants is the need to give them a 24-hour notice before showings. This requirement can sometimes deter potential buyers, impacting the property’s marketability. Beyond legalities, having a vacant property during probate can ease the process. It grants accessibility for necessary assessments and allows for potential renovations or repairs, ultimately enhancing the property’s market value and appeal.

The Path Forward: Compassionate Guidance Makes a Difference

Navigating this challenging scenario requires both understanding and expertise. Seeking legal advice and working closely with a probate real estate specialist, like Josh V Realty, can offer invaluable guidance, ensuring a smoother transition and the best possible outcome.

Are you dealing with a probate property with tenants in Los Angeles? Contact Josh V Realty, your empathetic probate real estate expert, for compassionate guidance and support through this challenging time.

Ready to Win with Walkability