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Are there laws about cleaning apt for someone who dies in…

Customer Question
are there laws about cleaning...
are there laws about cleaning apt for someone who dies in apt
Submitted: 11 months ago.Category: Landlord-Tenant
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Answered in 32 minutes by:
9/13/2017
Lawyer: lawyerJ, Attorney replied 11 months ago
lawyerJ
lawyerJ, Attorney
Category: Landlord-Tenant
Satisfied Customers: 177
Experience: Attorney
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Hi there. My name is ***** ***** I'm a licensed attorney. Please note, all information is provided for educational purposes only.
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Lawyer: lawyerJ, Attorney replied 11 months ago
Are you asking about laws for landlords or laws regarding the family of the decedent ?
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Customer reply replied 11 months ago
Hello Jenna,
Here is why I ask. My husband, from whom I am separated, was found dead in his apt, on August 13, 2017. No foul play involved, it seems he laid across the bed for a nap, and never woke up. The door to the apt was sealed for a period of time, after his death. The landlord is now saying that his security deposit will not be returned because it's now Sept, even though I cleaned the apt. Can they charge for Sept's rent, and withhold his security deposit? Thank you, ***** *****
Lawyer: lawyerJ, Attorney replied 11 months ago

Got it. There are also different rules depending on the state you are in. Can you let me know what state the apartment was located in?

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Customer reply replied 11 months ago
Sorry. The apt is located in New York State. Manhattan (NYC), more specifically.
Thank you, ***** *****
Lawyer: lawyerJ, Attorney replied 11 months ago

Ok. First thing you need to do is get a copy of the lease. Often there are provisions within the lease that discuss what happens if a tenant passes away.

If there is no such clause in the lease, in New York the decedent's estate would still be responsible for the remainder of the lease. The estate, however, can request assignment of the lease for the remainder of what is owed. Essentially that means that you can request to be able to find a replacement tenant. The landlord will have the right to consent to the assignment. However, if they unreasonably refuse to give consent, the estate can cancel the lease.

A representative of the estate may be sued in his or her representative capacity for rent and for obligations of the tenant. The landlord may not enter the premises, or remove possessions, without authority of a court or without the consent of a representative of the estate.

Essentially, unfortunately unless the lease says otherwise, the landlord can seek September rent. However, they can't hold on to the security deposit if they agree to assign the lease. Depending on how much time is left on the lease, that would be your best option, because again, if they unreasonably refuse assignment, you can cancel the lease entirely and the security deposit would be due back (less any cost of repairs).

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Lawyer: lawyerJ, Attorney replied 11 months ago

If I've fully answered your question, I'd appreciate a five-star rating. If not, please let me know how else I can assist you.

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