§ 236-A — Termination of lease of a deceased tenant

New York § 236-A

• Jurisdiction: New York
• Law RPP: Real Property
• Art. 7: Landlord and Tenant

Text

§ 236-a. Termination of lease of a deceased tenant. Notwithstanding\nany contrary provision contained in any lease hereafter made or renewed\nwhich affects premises demised for residential use, or partly for\nresidential and partly for professional use, the executor, administrator\nor legal representative of a deceased tenant under such a lease shall\nhave the option to terminate such a lease upon notice given to the\nlandlord. Such termination shall be effective as of the date on which\nthe tenant's estate notifies the landlord of its election to terminate\nand surrenders possession of the premises. Such termination option shall\nbe accompanied by the written consent thereto of any co-tenant or\nguarantor of such lease. Nothing in this section shall be construed to\nrelieve the tenant's estate of liability for rent money or any debt\nincurred prior to the date of termination of the lease, including\ndamages to the premises and any expenses the landlord may incur as a\ndirect result of the tenant's death, except that the tenant's estate\nshall not be liable for damages or any other penalty for breach of\ninadequate notice as a result of terminating a lease under this section.\nAny notice or communication required or authorized to be given hereunder\nshall be sent by registered or certified mail, return receipt requested.\nThis section shall not apply to a proprietary lease, viz.: a lease to,\nor held by, a tenant entitled thereto by reason of ownership of stock in\na corporate owner of premises which operates the same on a cooperative\nbasis. Any waiver of any part of this section shall be void as against\npublic policy.\n