NY A00458

Adds new section 236-a to Real Property Law allowing executors, administrators, or legal representatives of deceased tenants to terminate residential leases (or mixed residential/professional leases) by providing notice to the landlord.

Lease termination becomes effective on the date the tenant's estate notifies the landlord and surrenders possession of the premises, and requires written consent from any co-tenants or guarantors.

Deceased tenant's estate remains liable for rent, prior debts, property damages, and landlord expenses directly resulting from the tenant's death, except the estate is not liable for damages or penalties for inadequate notice related to terminating under this section.

Notices must be sent by registered or certified mail with return receipt requested, and the section does not apply to proprietary leases (cooperative housing arrangements).

Any waiver of this section's provisions is void as against public policy, and the act takes effect 90 days after becoming law.