Pass-On Tenant Not Liable for Rent Due Before Tenant's Death

August 31, 2005

LVT Number: 18326

Landlord sued pass-on tenant for nonpayment of rent owed by prior rent-controlled tenant. The court ruled against landlord. Landlord appealed and lost. Pass-on tenant isn't responsible for rent owed by prior tenant before she died. Before tenant died, pass-on tenant never paid rent in her own name. And she wasn't recognized by landlord as tenant until after prior tenant died. Landlord can sue prior tenant's estate for the back rent owed.

Landlord sued pass-on tenant for nonpayment of rent owed by prior rent-controlled tenant. The court ruled against landlord. Landlord appealed and lost. Pass-on tenant isn't responsible for rent owed by prior tenant before she died. Before tenant died, pass-on tenant never paid rent in her own name. And she wasn't recognized by landlord as tenant until after prior tenant died. Landlord can sue prior tenant's estate for the back rent owed.

Edelstein & Son, LLC v. Levin: NYLJ, 8/2/05, p. 23, col. 4 (App. T. 1 Dept.; Davis, JP, Gangel-Jacob, Schoenfeld, JJ)

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