Landlord Can't Maintain Case Against Deceased Tenant

June 30, 1996

LVT Number: 10692

Rent-stabilized tenant died in March 1995, eight months before his lease expired. In July 1995 landlord sued to evict tenant's legal representative from the apartment based on tenant's nonprimary residence. The court ruled against landlord and dismissed the case. Landlord can't sue to evict a deceased tenant. And tenant's legal representative was only entitled to remain in the apartment on behalf of tenant's estate to tie up tenant's affairs during the remainder of the current lease term.

Rent-stabilized tenant died in March 1995, eight months before his lease expired. In July 1995 landlord sued to evict tenant's legal representative from the apartment based on tenant's nonprimary residence. The court ruled against landlord and dismissed the case. Landlord can't sue to evict a deceased tenant. And tenant's legal representative was only entitled to remain in the apartment on behalf of tenant's estate to tie up tenant's affairs during the remainder of the current lease term. There was no legal basis for starting a nonprimary residence action against tenant's representative.

14-154 Columbus Ave. Partners v. Wagenknecht: NYLJ, p. 28, col. 5 (6/19/96) (Civ. Ct. NY; Evans, J)

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