A Guide to NYC’s Deceased Tenant Policy

The death of a tenant is an incredibly sensitive situation. As a landlord, the death of a tenant can be taxing and jarring. It’s impossible to anticipate a tenant dying, which is why it’s important to know what to do in this situation so you can both adhere to the laws and respect the needs of those surviving the deceased tenant, as well as protecting your business and property.

What to Do After a Tenant Dies

If you discover a tenant has died, call 911 and while you wait for the first responders to arrive, do not let anyone enter the property or touch anything. The service will handle the scene and you should wait to take any further actions as the authorities permit you to do so.

If the death is unattended, be aware that you may have to contract biohazard cleanup specialists before the unit can be rented again.

If you are not familiar with the family of the deceased tenant, you must wait until you receive written notice of the passing from the family, lawyer, or another representative. This serves as a formal notice of the Decedent’s death and it will give you the license to think about plans for the property.

What Should You Do With a Dead Tenant’s Property?

Once you obtain the written notice, you have the right to secure the deceased tenant’s property. You may also change the locks of the apartment to make sure that the home is secured and it can protect you from potential cases in case there will be reported lost or damaged items inside.

Does a Lease Automatically Terminate After a Death?

When a tenant dies, the property, debt, and contract will transfer to their estate. It’s important to note that the lease agreement does not end immediately with the death of the tenant. In New York State, the estate of the deceased will remain liable for the performance of the tenant’s obligations under the lease. Therefore, it’s a good idea to act swiftly so you can best protect your business interests, while remaining mindful of the shock that the deceased’s estate will be dealing with.

Need Guidance After The Death of a Tenant? Contact Outerbridge Law

As a landlord, it’s hard to be prepared for things like the death of a tenant. As it’s an uncommon occurrence, it’s difficult to even plan for. Nevertheless, knowing how to navigate the legal system and understanding your rights as a landlord is vital for providing respect and closure to the deceased’s family, while also maintaining and protecting your business interests.

If a tenant of yours has died, don’t try to navigate every hurdle yourself. Contact Outerbridge Law for experienced guidance.