Valley Stream, NY asked in Landlord - Tenant for New York

Q: Can a landlord void a lease if tenant passes away?

My mom who just passed away has been renting a rent stabilized apartment since the mid 70's. The apartment complex, originally rentals were converted to co-ops back in the 1980's with the option to buy. Mom continued to rent the apartment. Her existing lease will expire in June. (As she got older, it was necessary for me to live with her so I could watch and care for her. With the lease expiring soon , I'll need to find my own residence by June.)

I would like to reach out to the landlord (a holding company) and see if I can either 1) purchase the apartment as a co-op, or 2) have my name added to the lease renewal (only my mothers name appears on the lease). I heard there is something called succession right that may entitle me to continue renting the apt under my name?

I'm concerned once I explain my Moms passing, the landlord (holding company) will say the lease is no longer valid and ask me to leave the apartment before June and/or refuse to continue the rental under my name.

Related Topics:
1 Lawyer Answer

A: Dear Valley Stream Tenant:

Generally, there is a right of family member succession tenancy for Rent Stabilized tenancies. These are more complex when the remaining family member lives with a non-purchasing tenant after a cooperative conversion.

Generally, a lease, even a rent-stabilized lease, is conveyed instantly as a matter of law from the deceased tenant to the decedent estate--so a landlord has no legal basis to end a tenancy upon the passing away of the tenant.

The Offering Plan should state if a non-purchasing tenant has a right as an insider to purchase the shares allocated to the apartment after a cooperative conversion and after the tenant declined to purchase during the initial offering.

I suggest you reach out to attorneys in Nassau County.

Tim Akpinar agrees with this answer

Justia Ask A Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.