Landlord Can Get Rent from Deceased Tenant's Estate

Landlord sued tenant's daughter for back rent after tenant died. The daughter claimed landlord couldn't collect rent. Landlord had rejected one check daughter sent shortly after tenant died. And, later, landlord rejected another check signed by the daughter, sent as the executrix of tenant's estate. The court ruled for landlord. Tenant's obligation to pay rent continued, even after her death. Her estate was responsible for paying rent during the balance of her lease term while her daughter stayed in the apartment. Landlord was justified in rejecting daughter's first check because she gave no indication on the check that she was representing tenant's estate. Landlord also was justified in rejecting the second check from tenant's estate because daughter sent it after landlord had served a notice to cure and notice to terminate. In the meantime, another court ruled that daughter could stay in the apartment until tenant's lease expired. This made daughter liable for rent in her individual capacity, in addition to being responsible as the representative of tenant's estate.

Cresthaven Sponsoring Corp. v. Sencen: NYLJ, p. 30, col. 6 (11/17/93) (City Ct. Yonkers; Nocca, J)