Glenn Turnley, Home Buyer in Upper West Side, New...

If a rent-stabilized tenant dies, can a relative quietly slip in and take over the apartment? Does anyone else have any rights?

Asked by Glenn Turnley, Upper West Side, New York, NY Wed Mar 16, 2011

Help the community by answering this question:


When a death occurs within a rent stabilized unit, the law allows the decedent's estate to remain within the premises up to the expiration of the lease term. This is to provide a reasonable time for the estate to wrap up the affairs of the decedent; however, during this period, the estate is not excused from paying rent
Web Reference:
2 votes Thank Flag Link Wed Mar 16, 2011
This is really a legal question and should be posed to an attorney.
0 votes Thank Flag Link Fri Mar 25, 2011
From my experience the relative must be on the lease before the tenant dies.
0 votes Thank Flag Link Wed Mar 16, 2011
Hello Glenn,

In NYC you are allowed to have one adult roommate who is not on the lease, but it is always advisable to notify your landlord. Also any family 9or individual) who was living with the person at the time of death is entitled to take over the lease.

Anyone claiming to have lived in the apartment of the deceased would have to prove that they have been living there for an extended period of time (more than 30 days). However, from the sounds of it you were not living with the deceased so i would say that you should not do it, you might have to go to court with the landlord.

Good Luck
0 votes Thank Flag Link Wed Mar 16, 2011
Search Advice
Ask our community a question
Email me when…

Learn more

Copyright © 2016 Trulia, Inc. All rights reserved.   |  
Have a question? Visit our Help Center to find the answer