Legal Question in Landlord & Tenant Law in New York
My tenant just died, what time frame does the family have on removing her property?
Her brother said it will be done over the next couple of weeks, can I make him speed up? Can I change the locks, My tenant was the only one living there.
1 Answer from Attorneys
When a tenant dies his or her obligations are transferred to an estate. The estate is responsible for payment of rent - just like the tenant was responsible for payment to you.
If the estate wants to maintain the unit, it may do so with the payment of rent - just like the decedent. And just like a tenant, you may not change the locks. However, you may evict the estate just like you would evict the tenant. So, if the estate does not pay rent, you may commence a non-payment proceeding in landlord - tenant court.
Mike.
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