Legal Question in Landlord & Tenant Law in New Jersey

No. Only people who actually sign the lease are liable. What this clause means is that the ESTATE of the person who died is liable for the terms of the lease. The estate will be liable to the landlord just the same as the estate is liable for any other debts of the person who died (credit cards, medical bills, etc.) An estate is only liable for debts to the extent there is money in the estate. The heirs are not personally liable from their own pocket. An estate must pay debts of the person who died before distributing an inheritance to heirs. So it just means there will be less money in the estate available for the heirs to inherit. As a side note, NJSA 46:8-9.1 provides that in the event of the tenant's death or the death of their spouse, a lease of 1 year or more can be terminated by the estate by giving at least 40 days notice to the landlord, unless the lease explicitly provides to the contrary. It is debatable whether the language you cite constitutes a provision to the contrary.

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