How to Handle Tenants in a Probate Property in California

If you inherit a property with tenants during probate in California, you must follow state landlord-tenant laws. You cannot remove tenants without proper notice, even if you're the executor or heir. You may need to honor existing leases until probate closes or work with the tenant on a relocation plan.

What happens when a tenant occupies a probate property?

  • Leases remain legally binding during probate

  • The estate becomes the new landlord

  • Rent payments must be collected and documented by the executor

Can an executor evict a tenant during probate?

  • Only through legal channels

  • Must follow California landlord-tenant eviction laws (including 30/60/90-day notice)

  • Probate court approval may be needed in contentious cases

How do you sell a probate property with a tenant?

  • Provide written notice as required by law (especially for month-to-month tenants)

  • Consider “cash for keys” relocation agreements

  • Disclose tenancy to potential buyers upfront

  • A tenant can remain after sale unless properly removed

What if the tenant is not paying rent?

  • Start with written notice to pay or quit (3-day notice)

  • File for unlawful detainer (eviction) if necessary

  • Keep records for the probate court to show due diligence

Can the new heirs move into the home right away?

  • No, not without resolving the tenant's rights

  • Even family members cannot bypass lease or tenancy laws

How is this different in Los Angeles or Pasadena?

  • LA and Pasadena both have strict rent control and tenant protection ordinances

  • Additional relocation fees may apply under LA’s Rent Stabilization Ordinance

  • Always consult a local probate real estate attorney before proceeding

What’s the best way to work with tenants during probate?

  • Open communication and empathy go a long way

  • Offer to assist with relocation resources if the home will be sold

  • Work with a probate real estate specialist familiar with tenant issues

Local Tie-In:

In Pasadena and Los Angeles, tenant rights are stronger than most cities in California. The Borges Real Estate Team has helped countless families navigate inherited homes with tenants, including under LA’s Rent Stabilization Ordinance and Pasadena’s Tenant Protection Ordinance. From legal compliance to tenant negotiations, we handle the process from start to close.

Need help handling tenants in a probate home?

The Borges Real Estate Team is here to guide you through every step. We’re probate specialists with hands-on experience in tenant-related situations in Los Angeles County.