Landlord Can't Sue Deceased Tenant or Nontenant for Unpaid Rent

October 28, 2024

LVT Number: #33428

Landlord sued tenant and another individual for unpaid rent under a rent-stabilized lease. Landlord asked the court for a default judgment against the parties after they failed to respond. The court ruled against landlord. Huang, the tenant, had died in July 2023, five months before landlord commenced the court action and, as stated by the court, "the dead cannot be sued." And landlord didn't name the tenant's estate as a party to the case.

Landlord sued tenant and another individual for unpaid rent under a rent-stabilized lease. Landlord asked the court for a default judgment against the parties after they failed to respond. The court ruled against landlord. Huang, the tenant, had died in July 2023, five months before landlord commenced the court action and, as stated by the court, "the dead cannot be sued." And landlord didn't name the tenant's estate as a party to the case. As to the other respondent, Zhang, she was not a tenant under the rent-stabilized lease, wasn't an executor for Huang, and claimed that she didn't live in the apartment. Since she wasn't a tenant under the lease, landlord couldn't maintain an action against her for unpaid rent under the lease or use and occupancy absent a lease.

Bayard Group Inc. v. Huang: Index No. 656051/2023, 2024 NY Slip Op 51278(U)(Sup. Ct. NY; 9/16/24; Lebovits, J)

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