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An estate can retain possession of an apartment until the end of the lease term

Posted by nyhawk on January 09, 2002 at 04:06:10:

In Reply to: Mother passing away posted by Deborah on January 08, 2002 at 20:26:55:

I'm not sure how that plays out with a rent controlled apartment, because there is no lease. I do know that you do not have to give up the apartment right away. I think you have three months to surrender possesssion of the apartment, starting from the time of the death of the tenant. However, your mother's estate will be responsible for the rent until possession is surrendered to the landlord. (That is only fair, no free ride.) You don't have any obligation to clean the place. Any lawsuit brought by the landlord either for rent or to regain possession of the apartment should not be brought against you, but against your mother's estate. If she had no estate, forgetaboutit. Very sorry about your loss.

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