What Happens When a Tenant Dies Without an Emergency Contact in California?

Dealing with the death of a tenant can be a challenging and sensitive situation—especially when the tenant dies alone and leaves behind no emergency contact or next of kin information. In California, landlords must navigate both civil and probate laws to handle the tenant’s personal property and regain possession of the rental unit lawfully. This article outlines the step-by-step process landlords should follow to stay compliant while respecting the tenant’s rights and estate. 

Step 1: Confirm the Tenant’s Death 

The first step is confirming the death. If notified by neighbors or others, contact local law enforcement or the coroner’s office for official confirmation. Do not allow anyone to remove items from the unit unless they are legally authorized. 

Step 2: Secure the Rental Unit 

Under California Civil Code §1954(e), landlords may enter the unit without prior notice to protect the premises in an emergency—including a tenant’s death. Secure the unit immediately by changing locks if necessary to prevent unauthorized entry, theft, or vandalism. 

Step 3: Notify the Public Administrator 

If no next of kin or legal representative is known, the landlord must notify the Public Administrator of the county where the property is located. The Public Administrator handles estates when no executor is known or available and may initiate a probate process or claim the personal property. 

Step 4: Handle the Tenant’s Property (Civil Code §§1983–1991) 

Landlords must follow strict rules for storing and disposing of a deceased tenant’s belongings: 

• Inventory and Safeguard the tenant’s personal property. 
• Send a Notice of Right to Reclaim Abandoned Property to: 
  • The deceased’s last known address 
  • The Public Administrator or identified estate representative 
• Wait the required time: 
  • 18 days after mailing or 
  • 15 days after personal delivery 
• If the property is worth less than $700, you may dispose of it. 
• If worth more, you must hold a public sale, and retain proceeds (minus reasonable costs) for the estate. 

Step 5: Regain Possession of the Unit 

You do not need to file for eviction if the tenant has died. Once the notice period has passed and the belongings have been handled properly, the landlord may legally take back possession and begin preparing the unit for a new tenant. 

Step 6: Return the Security Deposit 

Within 21 days of regaining possession, provide an itemized accounting and refund of any unused portion of the security deposit under Civil Code § 1950.5. Mail the refund to the estate’s representative or the Public Administrator. 

Best Practices for Landlords 

Keep detailed records of your actions, including: 

• Photographs of the unit and property 
• Inventory lists 
• Certified mail receipts 
• Communications with any agencies or individuals 
• Retain records for at least three years 

Conclusion 

Navigating the death of a tenant without an emergency contact requires a combination of compassion, legal diligence, and patience. California law provides a clear framework for landlords, but the process must be handled carefully to protect both the landlord’s interests and the rights of the deceased tenant’s estate.

If you’re a landlord facing the difficult task of handling a tenant’s passing, don’t navigate it alone. Kendall Law can guide you through California’s requirements, protect your interests, and ensure the process is handled with care and compliance. Contact us today to schedule a consultation. Schedule a consultation with Kendall Law or call 310-619-4941 today.