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This entry was published on 2023-11-26
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Termination of lease of a deceased tenant
Real Property (RPP) CHAPTER 50, ARTICLE 7
* § 236-a. Termination of lease of a deceased tenant. Notwithstanding
any contrary provision contained in any lease hereafter made or renewed
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 shall
have the option to terminate such a lease upon notice given to the
landlord. Such termination shall be effective as of the date on which
the tenant's estate notifies the landlord of its election to terminate
and surrenders possession of the premises. Such termination option shall
be accompanied by the written consent thereto of any co-tenant or
guarantor of such lease. Nothing in this section shall be construed to
relieve the tenant's estate of liability for rent money or any debt
incurred prior to the date of termination of the lease, including
damages to the premises and any expenses the landlord may incur as a
direct result of the tenant's death, except that the tenant's estate
shall not be liable for damages or any other penalty for breach of
inadequate notice as a result of terminating a lease under this section.
Any notice or communication required or authorized to be given hereunder
shall be sent by registered or certified mail, return receipt requested.
This section 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.

* NB Effective February 15, 2024