Landlord Must Sue Estate for Deceased Tenant's Rent Arrears

March 1, 2011

LVT Number: #23224

Landlord sued to evict tenant for nonpayment of rent. Tenant's son appeared in court because tenant had died. Landlord and tenant's son signed a settlement agreement. The case was converted to a holdover proceeding, landlord waived $19,000 in back rent claimed, and agreed to pay the son $5,000 to move out. The son later got an attorney and asked the court to vacate the settlement agreement. The court ruled for the son. There had been a prior nonpayment proceeding against tenant, documenting that the legal rent was less than the amount claimed in the new case.

Landlord sued to evict tenant for nonpayment of rent. Tenant's son appeared in court because tenant had died. Landlord and tenant's son signed a settlement agreement. The case was converted to a holdover proceeding, landlord waived $19,000 in back rent claimed, and agreed to pay the son $5,000 to move out. The son later got an attorney and asked the court to vacate the settlement agreement. The court ruled for the son. There had been a prior nonpayment proceeding against tenant, documenting that the legal rent was less than the amount claimed in the new case. Landlord should sue tenant's estate for any back rent owed, and must start a new eviction proceeding if the son doesn't vacate the apartment.

Reico International Realty Ltd. v. Rivera: L&T Index No. 89803/10, NY Slip Op 50204(U), 2011 WL 609851 (Civ. Ct. Kings; 2/18/11; Heymann, J)

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