Landlord-tenant relationships may be caustic and bitter, but they are far from tenuous. In fact, many of these relationships survive even the death of the tenant. In the context of rent-regulated apartments, landlords should act prudently in seeking possession or collecting rent after the deaths of their tenants or suffer complicated litigation, sanctions, or disruptions of their steady collection of rent.
It is settled that privity between a landlord and a tenant is a prerequisite to a landlord’s legal claims against a tenant. In the event of the death of a rent-regulated tenant, this seemingly clear principle has been tested in various contexts. For example, how may a landlord recover possession of an apartment after a tenant’s death? And related to this question, how may a landlord collect rent owed for the period prior to the tenant’s death? Also, when does the claim for rent ripen against the successor tenant? This article attempts to answer these questions in order to provide clarity to landlords and tenants, to avoid unnecessary litigation, and to ensure continuity of possession of rent-regulated apartments.
Seeking Possession
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