Valley Stream, NY asked in Landlord - Tenant and Real Estate Law for New York

Q: Can a landlord void 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 end of June this year. Only my Mother's name appears on the existing lease, but my sister believes I may have rights to the apartment? (I have been living with her through out this entire time).

I would like to reach out to the landlord (company/sponsor) and see if I can either 1) add my name to the lease renewal or 2) inquire about purchasing the apartment as a co-op. I'm concerned once I explain my Moms passing, will the landlord (company/sponsor) consider the lease void and ask me to leave the apartment before June? What is the best approach on how I should proceed with the landlord regarding Mom's passing, succession rights and/or buying the apartment?

1 Lawyer Answer

A: No. The tenancy passes to the estate.

Jack

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