FAQ: What obligations does someone with a life estate have to repair and care for the property?

Short answer: In California, a person who holds a life estate (a life tenant) must use the property reasonably, keep it in ordinary repair, and avoid committing “waste.” That means they cannot intentionally damage the property, negligently allow it to fall into ruin, or make disruptive changes that unreasonably alter its character without the remainderman’s consent. Exact duties can vary based on the deed or instrument that created the life estate and any local assessments or liens on the property.

1. What is a life estate?

A life estate gives someone the right to possess and use real property for the duration of their life. After the life tenant dies, ownership (the remainder) passes to the remainderman or remaindermen. A life estate can be created by deed, will, or trust, and the writing that creates it often specifies duties and limits.

2. Core duties of a life tenant in California

Avoid waste. The most important obligation. Waste comes in three main forms:
- Voluntary waste — intentional acts that damage the property (for example, tearing down a load-bearing wall, removing valuable fixtures, or vandalism).
- Permissive waste — negligent failure to make ordinary repairs or to protect the property from deterioration (for example, ignoring a leaking roof that leads to structural rot).
- Ameliorative waste — changes that substantially alter the character of the property even if the changes increase value (for example, converting a historically residential building into a commercial strip without consent).
Maintain ordinary repairs and upkeep. The life tenant must perform ordinary and reasonable repairs that keep the property in the same general condition as when the life estate began. They cannot allow routine maintenance to lapse and cause damage.
Pay property taxes and assessments when required. Who pays taxes can be set by the deed or instrument. When the document is silent, the life tenant typically pays ordinary operating expenses (taxes, utilities, insurance) that relate to their use, but parties should check the creating instrument and consult counsel for allocation when large encumbrances or mortgages exist.
Respect leases or tenants. If the property is leased, the life tenant must honor existing leases and generally cannot evict tenants except as allowed by the lease and law.
Notify and cooperate with remaindermen about major changes. Major repairs, substantial improvements, demolition, or change of use can implicate remaindermen’s interest. The life tenant should get written consent from remaindermen before taking actions that alter the property’s character.

3. Who pays for what — repairs, major improvements, and mortgages?

Common practical rules (subject to the deed creating the life estate):

Life tenant normally pays for ordinary repairs and routine maintenance.
Remaindermen often share responsibility for major structural repairs, capital improvements, or costly work that preserves long-term value — especially if the life tenant lacks funds. Sometimes courts require remaindermen to contribute or advance funds, which the life tenant must account for and may repay from the estate later.
If there is a mortgage or lien on the property, obligations depend on who took out the loan and the terms of the loan. A life tenant cannot strip the property of value to avoid a mortgage; lenders’ rights and priority remain.

4. Typical remedies if a life tenant fails to meet obligations

Remaindermen (or other interested parties) can seek court relief such as:

An injunction ordering the life tenant to stop damaging the property or to perform repairs.
Money damages to compensate for loss from waste or neglect.
A court-ordered accounting if the life tenant has misused rents, profits, or funds belonging to the property.
Partition or sale in limited and typically extreme situations, though courts prefer remedies that preserve the remainder’s interest.

5. Practical examples (hypotheticals)

Example A — Roof leak ignored: A life tenant discovers a leak and does nothing for years. Water damages interior walls and structural timbers. This is permissive waste. The remainderman can ask the court to require repairs and seek damages for the diminished value.

Example B — Removing historic fixtures: A life tenant removes ornate built-in cabinetry and sells it. That is voluntary waste. The remainderman can seek damages or an order to restore the items if feasible.

Example C — Converting use with consent: A life tenant wants to convert a residence into a small office, but doing so would significantly change the property. With written consent from the remainderman, the life tenant may proceed. Without consent, the remainderman can object and seek injunctive relief.

6. How to protect your rights — step-by-step

Carefully read the deed, will, or trust that created the life estate. That instrument controls when it differs from general rules.
Document the property’s condition now: take dated photos, videos, and keep maintenance records and receipts.
If you’re a remainderman and notice neglect, send a polite written demand describing the problem and requesting repair within a set time. Keep copies of everything.
Consider mediation or settlement if the life tenant responds. Court action is costly and takes time.
If the life tenant refuses to act, consult a California property or probate attorney to evaluate claims for waste, injunctions, or accounting.

7. Documents and evidence to gather

The deed, trust, or will creating the life estate.
Insurance policies, property tax bills, and mortgage statements.
Inspection reports, repair estimates, and contractor invoices.
Photographs, dated notes of problems, and copies of written communications.

8. When to get legal help

Talk to a California attorney if the life tenant will not make necessary repairs, if the life tenant is making major changes without consent, if you face a dispute over taxes or mortgage obligations, or if the condition of the property puts occupants at risk. An attorney can advise on remedies, draft demand letters, and represent you in court if necessary.

Helpful Hints

Always check the original document that created the life estate. It often overrides general rules.
Act promptly. Early documentation and written demands make later court claims stronger.
Keep emotions out of communications. Stick to facts, dates, and requests for specific repairs or actions.
Get at least two repair estimates for large projects. Courts like objective evidence of cost and necessity.
Consider insurance: property insurance should be maintained. Know who is named as insured and whether the policy covers vacancy or neglect.
Discuss mediation before suing. Many disputes over life estates settle when parties discuss cost-sharing or time-limited plans for repairs.