Eviction Case Dismissed for Failure to Join Deceased Tenant's Estate

July 31, 2010

LVT Number: #22790

Landlord sued to evict rent-stabilized tenant’s daughter after tenant died. The daughter, who had possible succession rights, asked the court to dismiss the case. She claimed that landlord’s petition was defective because it didn’t name tenant’s estate as a party to the case. The daughter won. Tenant died during the term of his last renewal lease, which started on Nov. 1, 2008, and ended on Oct. 31, 2010. Since the renewal lease had a fixed term, it didn’t end when tenant died. Instead, it became the property of tenant’s estate until Oct. 31, 2010.

Landlord sued to evict rent-stabilized tenant’s daughter after tenant died. The daughter, who had possible succession rights, asked the court to dismiss the case. She claimed that landlord’s petition was defective because it didn’t name tenant’s estate as a party to the case. The daughter won. Tenant died during the term of his last renewal lease, which started on Nov. 1, 2008, and ended on Oct. 31, 2010. Since the renewal lease had a fixed term, it didn’t end when tenant died. Instead, it became the property of tenant’s estate until Oct. 31, 2010. So, the petition was fatally defective because landlord should have joined tenant’s estate as a party.

Renaissance Equity Holdings LLC v. Doe: NYLJ, 7/21/10, p. 26, col. 1 (Civ. Ct. Kings; Finkelstein, J)

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