Culver City, CA asked in Estate Planning and Landlord - Tenant for New York

Q: My mother just died and has 6 months left on her lease. Are we liable for the rent if the landlord rents to someone else

We just wanted to know if it's in our best interests to vacate as soon as possible. I assume the landlord will get a much higher rent since it's rent stabilized. Can the landlord charge double rent, i.e., to my mom's estate and to the new tenant? I don't think so, but just thought i'd confirm.

2 Lawyer Answers
Benjamin Z. Katz
Benjamin Z. Katz
PREMIUM
Answered
  • Estate Planning Lawyer
  • New York, NY
  • Licensed in New York

A: No. The landlord can only recover lost rent. If he rents it out it is not lost.

Gary Lane
Gary Lane
Answered
  • Estate Planning Lawyer
  • Irvine, CA
  • Licensed in New York

A: No. Landlord cannot charge double rent. Were you on the lease? If not, they you cannot be charged a dime either. But it is even questionable about charging the estate while you are there. But you should immediately vacate to avoid the issue.

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