Cal. Civ. Code § 89-8-29
Derrick Beard Act; termination of lease of residential premises by cosigner upon death of lessee; presumption of termination; cosigner’s choice not to terminate; effect of termination on certain liabilities of lessee’s estate or cosigner; applicability of section.
Operative Text
(1) This section shall be known and may be cited as the “Derrick Beard Act.” (2) Any cosigner of a lease of a residential premises may terminate, and is presumed to have terminated, the lease before its expiration date upon the death of the lessee or, if there is more than one (1) lessee, upon the death of all lessees. The cosigner must provide notice to the lessor within thirty (30) days of the death of the lessee, or upon the death of all the lessees, if he or she chooses not to terminate the lease. (3) The termination of a lease under this section shall not relieve the lessee’s estate or lessee’s cosigner from liability for: (a) The payment of rent or other sums owed before the lessee’s death or the death of all lessees; (b) The payment of rent or other sums owed for the remainder of the month or other thirty-day period during which the death occurred; or (c) The payment of amounts necessary to restore the premises to its condition at the commencement of the tenancy, ordinary wear and tear excepted. (4) Any attempted waiver by a lessor and lessee or lessee’s cosigner, by contract or otherwise, of the right of termination provided by this section shall be void and unenforceable. (5) The provisions of this section shall apply to leases entered into or renewed from and after July 1, 2011. History Laws, 2011, ch. 392, § 1, eff from and after July 1, 2011.
The Derrick Beard Act, codified at Miss. Code Ann. § 89-8-29, establishes that when a residential lease's lessee dies—or when all lessees on a lease die—the cosigner of that lease is automatically presumed to have terminated the lease, unless the cosigner actively notifies the landlord within 30 days that they wish to keep it in force. Even when a lease is terminated under this provision, the lessee's estate and the cosigner remain responsible for rent and other charges owed before the death, for the remainder of the month in which the death occurred, and for any costs to restore the unit to its original condition beyond normal wear and tear. Any lease clause that attempts to strip away this termination right is void under the statute, and the law applies to leases entered into or renewed on or after July 1, 2011.
Plain English — not legal advice.
Under Miss. Code Ann. § 89-8-29, compliant residential landlords recognize that a cosigner's right to terminate upon a lessee's death is automatic and presumed—and that any lease language attempting to waive this right is unenforceable. Operators generally monitor whether a cosigner provides written notice within 30 days of the lessee's death indicating a choice to continue the lease, since the absence of such notice means termination is presumed. Even after termination, landlords may still pursue the estate or cosigner for pre-death rent arrears, rent through the end of the month of death, and documented restoration costs beyond ordinary wear and tear.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
If you are a cosigner on a Mississippi residential lease and the lessee passes away, Miss. Code Ann. § 89-8-29—the Derrick Beard Act—gives you an automatic, presumed right to terminate that lease without waiting for its expiration date. If you instead wish to keep the lease active, you must notify the landlord within 30 days of the lessee's death; otherwise, termination is assumed. Cosigners who believe a landlord is improperly holding them liable beyond what the statute allows—such as for rent accruing after the termination period—may wish to consult a tenant-rights organization or legal aid office familiar with this provision for general information about available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 30, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.