Apt. Rental Lease Termination by Death

[Pamela Walker]

What is the name of your state? New York
Hi,
My Aunt died on May 3rd and my sister and I were made executors; the will has been probated through NYC courts. My Aunt rented an apt. in New York city and we gave the landord (owner) 45 days notice and have vacated her apartment in 30 days. The apartment was left in excellent condition. My aunt had signed a lease agreement for 2 years - form (T 186 -- Apt Lease. 2-5 family dwelling plain Engish format by Blumburg Law Products) but had only occupied the apt. for 1 year. There was a security deposit made for 1 months rent amount and I mailed (signed receipt) a notice to the landlord along with the keys writing where he could send the security deposit back -- still within 30 days. No deposit was returned, so finally I called him today and he stated he was not refunding the deposit because my Aunt had a 3 year lease and he lost money on the whole deal -- not true anyway.

The question is this: Are we entitlled to receive the security deposit back? In California if a tenant dies the lease is automatically terminated by law. How does this work in New York? Thanks much (in advance) for any advice -- Pam

 

[ENASNI]

What is the name of your state? New York
Hi,
My Aunt died on May 3rd and my sister and I were made executors; the will has been probated through NYC courts. My Aunt rented an apt. in New York city and we gave the landord (owner) 45 days notice and have vacated her apartment in 30 days. The apartment was left in excellent condition. My aunt had signed a lease agreement for 2 years - form (T 186 -- Apt Lease. 2-5 family dwelling plain Engish format by Blumburg Law Products) but had only occupied the apt. for 1 year. There was a security deposit made for 1 months rent amount and I mailed (signed receipt) a notice to the landlord along with the keys writing where he could send the security deposit back -- still within 30 days. No deposit was returned, so finally I called him today and he stated he was not refunding the deposit because my Aunt had a 3 year lease and he lost money on the whole deal -- not true anyway.

The question is this: Are we entitlled to receive the security deposit back? In California if a tenant dies the lease is automatically terminated by law. How does this work in New York? Thanks much (in advance) for any advice -- Pam

I am so sorry for your loss.

Read these over and let us know if you have any questions.

http://www.oag.state.ny.us/realestate/tenants_rights_guide.html

http://www.tenant.net/
http://tenant.net/Other_Laws/RPL/rpltoc.html

Not sure if any of these links are good. I am tired and the new MONK is on.. good luck..

 

[Pamela Walker]

Links are not specific enough

Thanks, but I found these links before posting this question. This document does not address termination by death.

 

[south]

Last time I heard and tell me anyone if I am wrong, But I believe the landlord can claim of the estate if they want for time to re-rent etc... Claiming the sec deposit on a broken lease may end up biting you back....

And besides the deposit was not yours it was given to secure the lease would be followed even in the event there is a scavenger hunt for the tenants money, the landlord still has losses to claim.

What is the name of your state? New York
Hi,
My Aunt died on May 3rd and my sister and I were made executors; the will has been probated through NYC courts. My Aunt rented an apt. in New York city and we gave the landord (owner) 45 days notice and have vacated her apartment in 30 days. The apartment was left in excellent condition. My aunt had signed a lease agreement for 2 years - form (T 186 -- Apt Lease. 2-5 family dwelling plain Engish format by Blumburg Law Products) but had only occupied the apt. for 1 year. There was a security deposit made for 1 months rent amount and I mailed (signed receipt) a notice to the landlord along with the keys writing where he could send the security deposit back -- still within 30 days. No deposit was returned, so finally I called him today and he stated he was not refunding the deposit because my Aunt had a 3 year lease and he lost money on the whole deal -- not true anyway.

The question is this: Are we entitlled to receive the security deposit back? In California if a tenant dies the lease is automatically terminated by law. How does this work in New York? Thanks much (in advance) for any advice -- Pam

 

[ENASNI]

Last time I heard and tell me anyone if I am wrong, But I believe the landlord can claim of the estate if they want for time to re-rent etc... Claiming the sec deposit on a broken lease may end up biting you back....

And besides the deposit was not yours it was given to secure the lease would be followed even in the event there is a scavenger hunt for the tenants money, the landlord still has losses to claim.

As sorry I am for their loss. I did miss the New York accent and attitude it was all over that post.

You need to know original poster... as I have found in the links and other websites you can find that the security deposit can be held.

If I am wrong.. I hope someone from New York can tell me... I really miss the accent.. not kidding you..Tell it good too... I want my bagel's worth!

 

[Pamela Walker]

Apt was re-leased; is the security deposit still the landlords

Just found out the the landlord has re-leased the apratment -- the doorman let me know when I called him. So the apartment did not go any time without rent being paid -- this is New York City after all where people look for apartments by searching the obits. Now what? Why would the landlord be more entitled to the deposti than the estate heirs? This guy is a big slimeball as far as I'm concerned.

 

[JETX]

Are we entitlled to receive the security deposit back?

Depends on many factors... one being:
What, if anything, does the lease say about the death of the tenant?? Some NY leases will say that the estate is obligated for the remaining rent.
Other than that, NY has a myriad of local landlord-tenant requirements (rent control, etc.) and I would suggest you contact the state or city agency where the apartment is located.

One other source.... if you can get a copy of ' Landlords' Rights and Duties in New York' (bookstore, library, etc.), they have a section (chapter 10) on death of a tenant.
http://sourcebooks.com/content/catalog/catalog.asp?isbn=1570711860

 

[south]

Feeding Frenzy

Slimeball???? The landlord is a businessman that went into a long lease agreement; he probably even gave a break on the rent if it was leased for three years…

As for Slimeball I think you will find you are the slime ball, and typical of money grabbing heir that spend time sniffing out funds after someone’s death like a pig sniffing out truffles, I can imagine the scene the frenzy was on in the unit cloth material was flying everywhere and then you spotted the landlord walking by, you froze and stared at him like a rabid dog drooling at the mouth..

If anyone is owed money here it’s the landlord, he has lost money on reduced rent for a long lease, he has probably had to redecorate, clean, advertise run adverts, run credit and spend time interviewing and showing potential tenants the unit…

Your will be real lucky if he does not realize he can go after the estate for any losses re-renting and fixing the unit may have cost..

Step over the body grab the silver ware, prize the gold teeth out, grab the funds in the deceased account and punch your way past your other greedy relatives who like you are in a feeding frenzy and move on, you are owed nothing from the landlord.

Just found out the the landlord has re-leased the apratment -- the doorman let me know when I called him. So the apartment did not go any time without rent being paid -- this is New York City after all where people look for apartments by searching the obits. Now what? Why would the landlord be more entitled to the deposti than the estate heirs? This guy is a big slimeball as far as I'm concerned.

 

[Pamela Walker]

Not reading the threads I guess

While I appreaciate trying to see the other person's point of view it's apparent you have not read all of the threads in the discussion. If I thought (or if the landlord had told me) that any expense was necessary to re-rent the apartment I'd have no problem. You've given me a whole new perspective of what the term "Buisnessman" means and I can only feel sorry for you in your expeiences with how relatives behave when someone close to them has died and that you are making "assumptions" of the worst kind.

 

[ENASNI]

Pigs.... truffles... gold teeth???. what have you been reading???.. I am reading Nero Wolfe.. but ... heckfire??? and brimstone... what are YOU reading?

Slimeball???? The landlord is a businessman that went into a long lease agreement; he probably even gave a break on the rent if it was leased for three years…

As for Slimeball I think you will find you are the slime ball, and typical of money grabbing heir that spend time sniffing out funds after someone’s death like a pig sniffing out truffles, I can imagine the scene the frenzy was on in the unit cloth material was flying everywhere and then you spotted the landlord walking by, you froze and stared at him like a rabid dog drooling at the mouth..

If anyone is owed money here it’s the landlord, he has lost money on reduced rent for a long lease, he has probably had to redecorate, clean, advertise run adverts, run credit and spend time interviewing and showing potential tenants the unit…

Your will be real lucky if he does not realize he can go after the estate for any losses re-renting and fixing the unit may have cost..

Step over the body grab the silver ware, prize the gold teeth out, grab the funds in the deceased account and punch your way past your other greedy relatives who like you are in a feeding frenzy and move on, you are owed nothing from the landlord.

 

[south]

You wrote the original post and question maybe you have been stiring up too much dust when you were ransacking your relatives room and cannot see the greed for the dust...

The landlord does not turn into a charity because a tenant keels over.

P.S Did you look under the mattress?

While I appreaciate trying to see the other person's point of view it's apparent you have not read all of the threads in the discussion. If I thought (or if the landlord had told me) that any expense was necessary to re-rent the apartment I'd have no problem. You've given me a whole new perspective of what the term "Buisnessman" means and I can only feel sorry for you in your expeiences with how relatives behave when someone close to them has died and that you are making "assumptions" of the worst kind.

 

[You Are Guilty]

As someone noted already, the lease itself will determine the actual outcome, but the statute you may want to review is this:

§ 236. Assignment of lease of a deceased tenant. Notwithstanding any
contrary provision contained in any lease hereafter made which affects
premises demised for residential use, or partly for residential and
partly for professional use, the executor, administrator or legal
representative of a deceased tenant under such a lease, may request the
landlord thereunder to consent to the assignment of such a lease, or to
the subletting of the premises demised thereby. Such request shall be
accompanied by the written consent thereto of any co-tenant or guarantor
of such lease and a statement of the name, business and home addresses
of the proposed assignee or sublessee. Within ten days after the mailing
of such request, the landlord may ask the sender thereof for additional
information as will enable the landlord to determine if rejection of
such request shall be unreasonable. Within thirty days after the mailing
of the request for consent, or of the additional information reasonably
asked for by the landlord, whichever is later, the landlord shall send a
notice to the sender thereof of his election to terminate said lease or
to grant or refuse his consent. Landlord's failure to send such a
notice shall be deemed to be a consent to the proposed assignment or
subletting. If the landlord consents, said lease may be assigned in
accordance with the request provided a written agreement by the assignee
assuming the performance of the tenant's obligations under the lease is
delivered to the landlord in form reasonably satisfactory to the
landlord, or the premises may be sublet in accordance with the request,
as the case may be, but the estate of the deceased tenant, and any other
tenant thereunder, shall nevertheless remain liable for the performance
of tenant's obligations under said lease. If the landlord terminates
said lease or unreasonably refuses his consent, said lease shall be
deemed terminated, and the estate of the deceased tenant and any other
tenant thereunder shall be discharged from further liability thereunder
as of the last day of the calendar month during which the landlord was
required hereunder to exercise his option. If the landlord reasonably
refuses his consent, said lease shall continue in full force and effect,
subject to the right to make further requests for consent hereunder. Any
request, notice or communication required or authorized to be given
hereunder shall be sent by registered or certified mail, return receipt
requested. This act shall not apply to a proprietary lease, viz.: a
lease to, or held by, a tenant entitled thereto by reason of ownership
of stock in a corporate owner of premises which operates the same on a
cooperative basis. Any waiver of any part of this section shall be void
as against public policy.