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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 36215
Experience:  Attorney over 16 years, landlord 26 years
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NYC my condo was rented to an elderly couple 20 years. Last

Customer Question

NYC my condo was rented to an elderly couple for over 20 years. Last year I spoke to the niece and told her that I did not want to rerent it. In the mean time I was soft and did rent the apartment to the elderly woman and her niece signed the lease as she is POA. Now the nephew has become the Executor and although the lease is not to expire through March 2015, the nephew wants to end the lease( he has not sent the last two months rent). There was a police seal put on the door and the nephew broke it to get in and empty the apartment. The broken seal is still on the door. What shall I do?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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From a purely legal perspective, the estate of the deceased is responsible for the rent on the property until they remove all property, turn in the keys, and you re-rent to someone else. The fact that the tenant is deceased doesn't end the estate's obligation to pay rent.

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So at this point, you can submit a "creditor claim" against the estate for any unpaid rent by sending it to the executor and a copy to the Surrogate court where the case is. If the executor refuses to pay the rent, then you can file suit against them under a breach of contract claim in small claims court.

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With that said, I would suggest contacting the police yourself and finding out if you can remove the tape so you can legally enter and get the place ready to re-rent so you can mitigate your damages for lost rent.

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thanks

Barrister

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