Landlord Can Seek Eviction of Deceased Tenant's Sister

Landlord sued to evict deceased tenant's sister for nonpayment of rent. The court denied landlord's request for a default judgment when the sister failed to appear in court. Landlord appealed and won. Landlord could maintain the nonpayment proceeding against tenant's sister as a distributee of tenant's estate. Tenant's lease was still in effect, rent was due, the petition was served on the sister more than three months after tenant's death, no executor or administrator had been appointed for tenant's estate, no legal representative of tenant's estate occupied the apartment, and tenant wasn't survived by a spouse or children. There also was no question regarding the sufficiency or service of the nonpayment petition. Landlord was entitled to a default judgment against tenant's sister.

50 Riverside Tenants Corp. v. Morales: 39 Misc.3d 150(A), 2013 NY Slip Op 50958(U) (App. T. 1 Dept.; 6/17/13; Lowe III, PJ, Shulman, Hunter Jr., JJ)