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This entry was published on 2014-09-22
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Assignment of lease of a deceased tenant
Real Property (RPP) CHAPTER 50, ARTICLE 7
§ 236. Assignment of lease of a deceased tenant. Notwithstanding any
contrary provision contained in any lease hereafter made which affects
premises demised for residential use, or partly for residential and
partly for professional use, the executor, administrator or legal
representative of a deceased tenant under such a lease, may request the
landlord thereunder to consent to the assignment of such a lease, or to
the subletting of the premises demised thereby. Such request shall be
accompanied by the written consent thereto of any co-tenant or guarantor
of such lease and a statement of the name, business and home addresses
of the proposed assignee or sublessee. Within ten days after the mailing
of such request, the landlord may ask the sender thereof for additional
information as will enable the landlord to determine if rejection of
such request shall be unreasonable. Within thirty days after the mailing
of the request for consent, or of the additional information reasonably
asked for by the landlord, whichever is later, the landlord shall send a
notice to the sender thereof of his election to terminate said lease or
to grant or refuse his consent. Landlord's failure to send such a notice
shall be deemed to be a consent to the proposed assignment or
subletting. If the landlord consents, said lease may be assigned in
accordance with the request provided a written agreement by the assignee
assuming the performance of the tenant's obligations under the lease is
delivered to the landlord in form reasonably satisfactory to the
landlord, or the premises may be sublet in accordance with the request,
as the case may be, but the estate of the deceased tenant, and any other
tenant thereunder, shall nevertheless remain liable for the performance
of tenant's obligations under said lease. If the landlord terminates
said lease or unreasonably refuses his consent, said lease shall be
deemed terminated, and the estate of the deceased tenant and any other
tenant thereunder shall be discharged from further liability thereunder
as of the last day of the calendar month during which the landlord was
required hereunder to exercise his option. If the landlord reasonably
refuses his consent, said lease shall continue in full force and effect,
subject to the right to make further requests for consent hereunder. Any
request, notice or communication required or authorized to be given
hereunder shall be sent by registered or certified mail, return receipt
requested. This act shall not apply to a proprietary lease, viz.: a
lease to, or held by, a tenant entitled thereto by reason of ownership
of stock in a corporate owner of premises which operates the same on a
cooperative basis. Any waiver of any part of this section shall be void
as against public policy.