Yes, an estate can legally evict a tenant from an inherited property, but it cannot happen overnight. The death of a landlord does not end a lease. The new owner, whether it’s the estate or an heir, must follow a strict legal process to remove a tenant.
The core problem arises from a fundamental principle of U.S. property law: a lease is a binding contract that is attached to the property, not the owner. When the owner dies, the lease automatically transfers to the estate, instantly making the estate the new landlord with all the same responsibilities. This creates a direct conflict between the estate’s legal duty to manage or sell the property for the family’s benefit and the tenant’s legally protected right to live in their home, a conflict that can only be resolved by following precise legal steps.
This situation is incredibly common and often fraught with financial pressure. In Los Angeles alone, from February 2023 to April 2025, a staggering 94% of the 210,901 eviction notices filed were for the non-payment of rent, showing how quickly these situations can escalate.
Here is what you will learn to solve these exact problems:
- 🔑 Understand who legally holds the keys and has the power to make decisions about the property right after the owner passes away.
- ⚖️ Learn the difference between a valid reason to evict (“Just Cause”) and an illegal one, so you can avoid a costly wrongful eviction lawsuit.
- 📝 Discover the step-by-step legal process for eviction, from the first notice paper to the final sheriff lockout, and why skipping a single step can force you to start over.
- 💰 Compare the two main paths to get a tenant to leave—a formal eviction versus a “Cash for Keys” deal—to decide which is faster and cheaper for your family.
- 🤝 Find out how to handle the most complex situations, like tenants in rent-controlled units, disagreements between heirs, and what to do when a family member is the one who won’t leave.
The New Reality: Deconstructing Your Roles and Responsibilities
Who Is Actually in Charge Here?
When a property owner dies, a new set of players emerges, each with a specific legal role. It is critical to understand who can do what. Acting outside your legal role can lead to lawsuits and major delays.
The Executor (also called an Administrator or Personal Representative) is the person named in the will or appointed by a probate court to manage the deceased person’s estate. This is the only person with the legal authority to act as the landlord during the probate process. They are the ones who can legally collect rent, serve notices, and start an eviction.
Heirs (or Beneficiaries) are the people set to inherit the property. While you may be the future owner, you have no legal authority to manage the property or deal with the tenant while it is in probate. Trying to evict a tenant yourself before the probate process is complete is illegal and could result in you being sued for wrongful eviction.
The Tenant is the person living in the property. Their lease agreement remains valid even though the landlord has died. They must continue to pay rent, but they owe it to the estate, not to an individual heir. Their rights are protected by federal, state, and local laws.
The Lease That Outlives the Landlord
Many people believe a lease ends when the landlord dies, but this is false. A lease is a contract tied to the property itself. The estate steps into the shoes of the deceased landlord and must honor every term in the existing lease agreement.
This means the estate cannot simply change the locks or tell the tenant to leave. The estate has a legal duty to maintain the property in a habitable condition, make necessary repairs, and respect the tenant’s right to quiet enjoyment. Failing to do so can give the tenant legal grounds to sue the estate.
The first and most important step for the Executor is to provide the tenant with a formal written notice. This notice should state that the landlord has passed away, provide the Executor’s name and contact information, and give clear instructions on where and how to pay rent from now on. This single action prevents confusion and stops the tenant from withholding rent, which could unnecessarily trigger an eviction for non-payment.
The Legal Grounds: Can You Even Start an Eviction?
In most of the United States, you cannot evict a tenant just because you inherited the property or want it for yourself. You must have a legally valid reason, known as “Just Cause.” These reasons are split into two categories: evictions where the tenant is at fault and evictions where they are not.
At-Fault Evictions: When the Tenant Breaks the Rules
This is the most straightforward path to eviction. An “at-fault” eviction happens when the tenant has violated the terms of their lease. The estate, through the Executor, can initiate an eviction if the tenant does something wrong.
The most common reason is non-payment of rent. The Executor has a legal duty to collect rent for the estate. If the tenant fails to pay after receiving proper notice, the eviction process can begin.
Other valid “at-fault” reasons include:
- Causing Major Damage: The tenant has significantly damaged the property beyond normal wear and tear.
- Illegal Activity: The tenant is conducting illegal activities on the premises.
- Lease Violations: The tenant has unauthorized pets or people living in the unit, or is creating a major disturbance (nuisance) for neighbors.
For any at-fault eviction, documentation is your power. The Executor must keep a detailed paper trail of every violation, including photos, letters, emails, and dated records of conversations. This evidence is essential to prove your case in court.
No-Fault Evictions: When the Estate Wants the Property Back
A “no-fault” eviction is when the tenant has done nothing wrong, but the property owner wants to end the tenancy for a specific, legally allowed reason. These evictions are much more complex and heavily regulated, especially in cities with strong tenant protection laws.
In these cases, you often have to pay the tenant a large sum of money, called relocation assistance, to help them move. This can cost thousands or even tens of thousands of dollars.
The three most common “no-fault” scenarios are:
Scenario 1: The Heirs Want to Sell the Property
Often, the goal of probate is to sell assets to pay the estate’s debts or to split the money among several heirs. Selling the property is a valid reason to end a month-to-month tenancy in many states. However, you must give the tenant proper written notice, which could be 30, 60, or even 90 days depending on the state and how long the tenant has lived there.
| Heir’s Action | Immediate Legal Result |
| Decides to sell the inherited property with a month-to-month tenant. | The estate must serve the tenant with a formal written notice (e.g., 60-day Notice to Terminate Tenancy). The tenancy is not over until this notice period expires. |
| Lists the property for sale before the tenant’s notice period ends. | The tenant has the right to remain in the home during showings. The estate must give at least 24 hours’ notice before entering, and the tenant can refuse entry if notice is improper. |
| Sells the property to a buyer who wants it empty. | The estate is responsible for legally removing the tenant before the sale closes. If the tenant doesn’t leave, the estate must file a formal eviction lawsuit. |
Scenario 2: An Heir Wants to Move Into the Property
This is one of the most common goals for an heir, but it is also one of the most legally difficult evictions to perform. This is called an “owner move-in” eviction. Many cities, like Los Angeles and New York, have strict rules to prevent landlords from using this as a fake reason to kick out a long-term tenant.
For example, under California’s Tenant Protection Act (AB 1482), an owner or their close relative (parent, child, grandparent, grandchild) can move in, but they must do so within 90 days of the tenant leaving and live there as their main home for at least 12 straight months. If they fail to do this, they must offer the unit back to the evicted tenant at the original rent and pay for their moving expenses.
| Heir’s Action | Immediate Legal Result |
| An heir decides they want to live in the inherited single-family home. | The estate must serve a “no-fault” eviction notice for owner move-in, which often requires a 60-day notice and payment of relocation assistance to the tenant. |
| The heir moves in for only a few months, then decides to rent it out for more money. | This is likely a wrongful eviction. The original tenant can sue the heir for damages and may have the right to move back into the property at their old rent. |
| The property is a duplex, and the other unit is already empty. | In many “Just Cause” jurisdictions, the owner move-in eviction is illegal. The heir must move into the available vacant unit instead of evicting a tenant. |
Scenario 3: The Tenant Is a Family Member Who Won’t Leave
Sometimes, the person living in the house is another family member, like a sibling, who was living with the parent before they died. This is an emotionally difficult and legally complex situation. However, the law is clear: even a family member must be formally evicted.
California law, for instance, makes no exceptions for family relationships. You cannot change the locks or move their belongings out. The Executor must serve them with a proper written notice and, if they don’t leave, file an unlawful detainer lawsuit in court, just as they would with any other tenant.
| Executor’s Action | Immediate Legal Result |
| A sibling is living in the inherited house rent-free and refuses to leave after being asked. | The Executor must treat the sibling as a tenant and serve them with a legal Notice to Quit. An informal request is not legally binding. |
| The Executor changes the locks while the sibling is out. | This is an illegal “self-help” eviction. The sibling can sue the estate for significant damages, and a judge will likely order the Executor to let them back in. |
| The Executor offers the sibling a small advance on their inheritance to help them move. | This is a smart negotiation tactic. If the sibling agrees in writing, it can resolve the issue without a costly court battle, but the agreement must be documented. |
The Eviction Lawsuit: A Step-by-Step Guide to the Legal Process
If a tenant does not move out after receiving a proper termination notice, the estate’s only legal option is to file an eviction lawsuit. This process is often called an “Unlawful Detainer” action. Any attempt to force a tenant out by changing the locks, shutting off utilities, or removing their belongings is an illegal “self-help” eviction and will result in severe penalties.
The formal court process can take 30 to 90 days or even longer if the tenant fights it.
Step 1: The Written Notice to Terminate
Every eviction begins with a formal written notice served to the tenant. An error on this notice can get your entire case thrown out of court, forcing you to start over. The type of notice depends on the reason for eviction.
- 3-Day Notice to Pay Rent or Quit: Used when the tenant is behind on rent. They have three days to pay in full or move out.
- 3-Day Notice to Cure or Quit: Used for a fixable lease violation, like an unauthorized pet. The tenant has three days to “cure” (fix) the problem.
- 3-Day Unconditional Quit Notice: Used for serious, unfixable violations like illegal activity or major property damage. The tenant must move out in three days with no chance to fix the issue.
- 30-Day or 60-Day Notice to Quit: Used for “no-fault” evictions, like selling the property or an owner move-in. In California, a 60-day notice is required if the tenant has lived there for a year or more.
The notice must be “served” according to strict state laws. This usually means personal delivery, substituted service (leaving it with another adult and mailing a copy), or, as a last resort, posting it on the door and mailing a copy.
Step 2: Filing the Summons and Complaint
If the tenant doesn’t comply with the notice, the Executor’s attorney will file two documents with the local superior court: a Summons and a Complaint. The Complaint explains why the estate is suing to evict the tenant. The Summons officially notifies the tenant that a lawsuit has been filed against them.
The tenant must then be formally served with these court papers by a registered process server or the Sheriff’s department. The Executor cannot serve the papers themselves.
Step 3: The Tenant’s Response
The tenant has a very short time to respond, typically only 5 business days in many states if they were served in person. They respond by filing a legal document called an Answer, where they can state their defenses (e.g., the eviction is retaliatory, the property is uninhabitable, or the notice was wrong).
If the tenant does not file an Answer on time, the estate can ask the judge for a default judgment. This means the estate wins automatically, and the eviction proceeds to the final step.
Step 4: The Court Trial
If the tenant files an Answer, a trial date is set, usually within 20 days. At the trial, the Executor (or their attorney) must prove their case to the judge. They will present evidence like the lease, the notice, proof of service, and documentation of the tenant’s violations. The tenant will also have a chance to present their defense.
Step 5: The Judgment and Writ of Possession
If the judge rules in the estate’s favor, they will issue a Judgment for Possession, which is the official court order stating the estate has the right to get the property back.
However, this judgment alone does not allow the Executor to physically remove the tenant. The Executor must then ask the court clerk to issue a Writ of Possession. This is the final and most critical court order. The Writ of Possession is a document that commands a law enforcement officer, like a Sheriff or Marshal, to remove the tenant from the property.
Step 6: The Sheriff Lockout
The Sheriff’s department takes the Writ of Possession and posts a final Notice to Vacate on the tenant’s door. This notice gives the tenant a last chance to move out, usually within five days.
If the tenant is still there after the five days, the Sheriff will return, physically remove the occupants, and change the locks. At that moment, the estate finally regains legal possession of the property. This is the only legal way to physically remove a tenant.
Mistakes to Avoid: Common Pitfalls for New Landlords
Inheriting a property with a tenant can feel overwhelming, and it’s easy to make costly mistakes. These errors can not only get your eviction case dismissed but could also lead to the tenant suing you. Here are the most common mistakes to avoid.
- Mistake 1: The “Self-Help” Eviction. This is the most serious error. Frustrated heirs or Executors might be tempted to change the locks, shut off the water or electricity, or remove the tenant’s belongings to force them out. This is illegal in every state. A tenant who is illegally locked out can sue for substantial damages.
- Mistake 2: Sending the Wrong Notice (or No Notice). The eviction process is built on paperwork. You must use the correct type of written notice for your situation, fill it out perfectly, and serve it according to state law. A simple mistake, like asking for the wrong amount of rent or giving the wrong deadline, can invalidate the entire notice.
- Mistake 3: Accepting Partial Rent Payments. If you are evicting a tenant for non-payment of rent, accepting a partial payment can ruin your case. In many states, a judge will see the acceptance of any money as a waiver of your right to evict for that month’s rent, forcing you to start the process all over again the next time rent is late.
- Mistake 4: Losing Your Temper. Evictions are stressful, but it is vital to remain professional. Yelling at or threatening a tenant can be used against you in court as evidence of harassment or retaliation. All communication should be calm, professional, and preferably in writing.
- Mistake 5: Lack of Proof. You cannot win an eviction case based on your word alone. You need a mountain of evidence: a copy of the signed lease, records of all rent payments, photos of property damage, copies of all written notices, and dated logs of every communication. Without this documentation, a judge is unlikely to rule in your favor.
The Smart Alternative: “Cash for Keys” vs. Formal Eviction
A formal eviction lawsuit is a long, expensive, and stressful process. Legal fees, court costs, and months of lost rent can easily cost an estate between $3,500 and $10,000 or more. Because of this, many savvy landlords and estates turn to a faster, cheaper alternative: a “Cash for Keys” agreement.
“Cash for Keys” is a simple negotiation. The estate offers the tenant a lump-sum payment in exchange for them voluntarily moving out by a set date and leaving the property in good condition. This turns a legal battle into a business deal.
Pros and Cons of Each Method
Deciding whether to pursue a formal eviction or negotiate a “Cash for Keys” deal is a strategic choice. You must weigh the costs, time, and risks of each option.
| Feature | Formal Eviction | “Cash for Keys” Agreement |
| Cost | High. Average costs range from $3,500 to over $10,000, including attorney fees, court costs, and lost rent. | Often Lower. A typical offer is $500 to $5,000, but can be higher. It is usually less than the total cost of a contested eviction. |
| Timeline | Slow. An uncontested eviction takes 30-90 days. A contested one can drag on for many months. | Fast. The situation can be resolved in a few weeks, as soon as the tenant agrees and moves out. |
| Legal Risk | High. Any small procedural mistake can get your case dismissed. There is also a risk the tenant will sue for wrongful eviction. | Low. A properly written agreement where the tenant waives their rights protects the estate from future lawsuits. |
| Property Condition | Risky. A tenant being forcibly removed may cause intentional damage out of anger. | Safer. Payment is usually given only after the tenant moves out and leaves the unit clean and undamaged, creating a strong incentive for a peaceful exit. |
| Outcome | Adversarial. The process is confrontational and creates a permanent negative record for the tenant. | Amicable. It is a voluntary business deal that avoids an eviction on the tenant’s record and can end the relationship on neutral terms. |
How to Structure a “Cash for Keys” Deal
A successful buyout depends on a formal, written agreement. An oral promise is not enough and cannot be enforced in court. In some cities with strong tenant protections, like Los Angeles, these buyout agreements are highly regulated. Landlords must file paperwork with the city and give tenants a 30-day “cooling-off” period to change their mind.
A strong buyout agreement should always include:
- The exact move-out date and time.
- The amount of money to be paid.
- The condition the property must be left in (e.g., “broom clean”).
- A statement that the tenant voluntarily gives up all rights to the property.
- A clause where the tenant releases the estate from any and all legal claims.
The payment should only be handed over after the tenant has moved all of their belongings out and you have inspected the empty unit. Giving them the money upfront is a huge risk, as they could take the cash and refuse to leave, forcing you to evict them anyway.
Frequently Asked Questions (FAQs)
For Executors and Heirs
Can I evict a tenant just because I inherited the property? No. The death of a landlord or change in ownership is not a legal reason for eviction. You must have a valid “at-fault” reason (like non-payment of rent) or follow strict “no-fault” procedures.
Do I have to honor the old lease? Yes. A lease is a binding contract that transfers with the property. The estate and any future heirs must honor all terms of the existing lease until it legally expires or is terminated.
An heir wants to move in. Can I evict the tenant for them? Yes, but this is a complex “no-fault” eviction. You must follow strict rules, which may require a long notice period and paying the tenant thousands of dollars in relocation assistance. The heir must actually occupy the property.
What if multiple heirs disagree on what to do with the tenant? All co-owners must agree on major decisions. If you cannot agree, any single heir can file a “partition lawsuit,” where a judge will order the property to be sold and the money divided.
I’m an heir, not the Executor. Can I start the eviction myself? No. Only the court-appointed Executor or Administrator has the legal authority to manage the property and initiate an eviction during probate. Any attempt by an heir to do so is illegal and invalid.
For Tenants
My landlord died. Can the family kick me out right away? No. Your lease is still valid. The new owners must honor your lease and cannot force you out unless you violate its terms or they follow the full, formal legal process for eviction, including giving you proper written notice.
Who do I pay my rent to now? You owe rent to the estate. You should wait for a formal written notice from the court-appointed Executor with instructions on where to send payments. Keep paying your rent to avoid facing an eviction for non-payment.
What if the new owners want to sell the house? If you have a fixed-term lease, you can usually stay until it expires. If you are on a month-to-month tenancy, the new owner must give you proper written notice to move, typically 30 or 60 days.
The new owner offered me money to move out. Should I take it? This is a “Cash for Keys” offer. It is a legal and common way to end a tenancy. It can give you money for moving and avoids an eviction on your record. Make sure any agreement is in writing.
I’m elderly or disabled. Do I have extra protections? Yes, in many areas. Some “Just Cause” ordinances provide stronger protections for elderly, disabled, or low-income tenants, such as longer notice periods or higher relocation payments. You may also qualify for free legal aid.