Miller v. Desatnik Management Co. v. Bullock

In Miller v. Desatnik Management Co. v. Bullock (1990) 221 Cal. App. 3d Supp. 13, the court held that a month-to-month tenancy terminates by operation of law upon the death of the tenant. (Id. at p. 18.) "Miller arose in a rent control jurisdiction and involved a situation where a mother continued possession of an apartment after her daughter, the original tenant, died, even though the mother had never been a tenant. The mother continued rent payments and visited the apartment frequently in an apparent effort to remain close to her deceased daughter. The judgment was for the landlord against the holding-over mother." (Cal. Civ. Prac., Real Property Litigation 21:7.) The Miller court observed that such rule "prevents the inequitable result of requiring the landlord to participate in a potentially indefinite Lease with a tenant he never contracted with in the first place. This result is even more compelling in situations where, as here, rent control laws prevent landlords from evicting tenants except under limited circumstances." (Miller & Desatnik Management Co. v. Bullock, supra, 221 Cal. App. 3d Supp. at p. 19.)