Landlord Can't Seek Eviction of Deceased Tenant

Facts: Landlord sued to evict a deceased tenant for nonpayment of rent. The court ruled for landlord based on tenant's failure to appear in court. Tenant's daughter then asked the court to reopen the case. The court agreed, and tenant's daughter signed a settlement agreement with landlord, agreeing to pay the back rent. Tenant's daughter later asked the court to vacate the judgment. Court: The court ruled for tenant's daughter. The court didn't realize when tenant's daughter joined in the case that tenant had died before landlord sent a three-day rent demand notice or started the nonpayment case. Landlord had no right to sue tenant for nonpayment of rent after she died. The case was void, and the judgment and warrant were vacated.

Linden Plz. Assocs. v. Starks: NYLJ, 12/27/00, p. 26, col. 6 (Civ. Ct. Kings; Adams, J)