Apartment Successor Not Liable for Rent Owed Before Tenant's Death

November 1, 2003

LVT Number: 16928

Landlord sued to evict rent-controlled tenant's successor for nonpayment of rent. Tenant had died in August 1999. Landlord sought back rent from June 1998 to June 2002. Successor tenant claimed that he wasn't responsible for paying back rent owed by deceased tenant. He asked the court to dismiss this part of landlord's claim. The court ruled for tenant. Apartment successor became tenant with an obligation to pay rent only after rent-controlled tenant died. So landlord could seek rent from successor tenant only as of September 1999.

Landlord sued to evict rent-controlled tenant's successor for nonpayment of rent. Tenant had died in August 1999. Landlord sought back rent from June 1998 to June 2002. Successor tenant claimed that he wasn't responsible for paying back rent owed by deceased tenant. He asked the court to dismiss this part of landlord's claim. The court ruled for tenant. Apartment successor became tenant with an obligation to pay rent only after rent-controlled tenant died. So landlord could seek rent from successor tenant only as of September 1999.

Edelstein & Son LLC v. Levin: NYLJ, 10/15/03, p. 18, col. 1 (Civ. Ct. NY; Milin, J)

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