Landlord Must Join Tenant's Estate in Eviction Case

December 1, 2004

LVT Number: 17740

Landlord sued to evict tenant's wife after tenant died. The wife had moved out of the apartment ten years earlier and had no right to remain there. The representative of tenant's estate asked the court to dismiss the case for not joining the estate as a ''respondent'' in the case. The court ruled for the estate. There were ten months remaining on tenant's rent-stabilized lease when tenant died. By law, tenant's estate was allowed to remain in possession until the current lease expired.

Landlord sued to evict tenant's wife after tenant died. The wife had moved out of the apartment ten years earlier and had no right to remain there. The representative of tenant's estate asked the court to dismiss the case for not joining the estate as a ''respondent'' in the case. The court ruled for the estate. There were ten months remaining on tenant's rent-stabilized lease when tenant died. By law, tenant's estate was allowed to remain in possession until the current lease expired. And although only seven weeks remained on the lease when the court decided the case, it was bound by law to dismiss.

135 PPW Owners LLC v. Schwartz: NYLJ, 11/17/04, p. 19, col. 3 (Civ. Ct. Kings; Heymann, J)

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