Does a lease terminate when a tenant passes away?

Question

M

Mall151 Asked March 2020

Does a lease terminate when a tenant passes away?

My mom passed away Nov 7th 2019 me and my brother were never on the lease but have been living here 20+ years .... what can we do to keep the apartment?

Assisted Living Elder Law

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score 1 · Answer 1

Ask the landlord if he/she will execute a new lease for you and your brother as tenants. Did your mother have a will, and is there an estate?

Helpful Answer (1)

IN NYC Tenants have rights. I would strongly suggest OP first find out if this is a rent stabilized or rent controlled apt. See links. Do not ask landlord, you can call the city

https://rentguidelinesboard.cityofnewyork.us/resources/rent-stabilized-building-lists/

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score 1 · Answer 2

I thought that a lease is like a sofa, it's part of the estate. That's good or bad depending on your point of view. It's bad if no one wants to live there, the landlord would have to be paid off for the remainder of the lease. It's good if you want to live there, since the lease is still in effect. It's when the lease is renewed that issues come up.

Since you are in NYC with strong tenant protections, I would contact the city first to see what the situation is before talking to the landlord.

Helpful Answer (1)

I know NYC is different when it comes to Apts and leases but I think any place else they are not part of the Estate. An apartment or house is owned by the landlord. I would think if a person dies, the lease is no more. The Executor may continue to pay rent out of the Estate so they have time to clean out.

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score 1 · Answer 3

Do you have a copy of the lease? It should be spelled out in there.

Helpful Answer (1)

NYC provides rights in addition to what is in lease

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score 1 · Answer 4

I am assuming you mean NYC. Generally that city is or can be more favorable to tenants. Is the residence rent controlled,stabilized? Do you know much about the landlord? I hope others on this site familiar with the city will offer guidance but it would help if you could provide information about the building you are in. Do you know any of the situations of other tenants in the building?

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So the building got renovated maybe around 2010 and now it’s an hdfc.... the landlord have known us since we were little I’m 28 now she came to my house the day my mother passed she told me that we will have to come up with a new lease soon because of my mom passing that there’s no more lease. She told me a price I agreed on it but didn’t sign no paperwork because I thought we can finish out my mothers lease that supposed to expire September 30th 2020

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