Legal Question in Real Estate Law in California
Hi --
I am a landlord, in my lease agreement my tenant had a guarantor.
However, the guarantor (a lady) died. Would the husband of the guarantor be responsible
for the lease agreement, if the tenant defaults.
Currently, the tenant got laid off and wanting to terminate the lease.
He does not want to pay the last month's rent.
He had not paid the utilities in full either.
I would like to go after the guarantor in case the tenant runs away.
Pls advise what is the best course of action.
Thank you,
2 Answers from Attorneys
If the estate of the guarantor is still in probate and has any assets, you can file a claim in probate. Otherwise I believe you and the tenant are on your own. I can't think of any theory to keep the widower on the hook once probate is closed and the estate distributed.
Sounds like the tenant is either already in default or close to it. Maybe time to contact the executor or administrator, or the attorney handling the probate, and get his or her feelings on this and find out how close a final distribution may be ....... for the amounts likely to be involved, you may be better off hadling this informaly and voluntarily, especially if the executor feels he/she is dealing with other people's money. You may have to have a "real" claim based on a real default, of course, rather than just a worry about a possible future default.
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