N.Y. Real Property Law Section 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.

Source: Section 236-A — Termination of lease of a deceased tenant, https://www.­nysenate.­gov/legislation/laws/RPP/236-A (updated Sep. 20, 2024; accessed Oct. 26, 2024).

220
Action for use and occupation 221
Rent due on life leases recoverable 222
When rent is apportionable 223
Rights where property or lease is transferred 223‑A
Remedies of lessee when possession is not delivered 223‑B
Retaliation by landlord against tenant 224
Attornment by tenant 225
Notice of action adverse to possession of tenant 226
Effect of renewal on sub-lease 226‑A
Effect of new lease on tenant’s right to remove fixtures or improvements 226‑B
Right to sublease or assign 226‑C
Notice of rent increase or non-renewal of residential tenancy 227
When tenant may surrender premises 227‑A
Termination of residential lease by senior citizens or individuals with a disability moving to a residence of a family member or entering... 227‑B
Termination of certain contracts by senior citizens 227‑C
Termination of residential lease by victims of domestic violence 227‑D
Discrimination based on domestic violence status 227‑E
Landlord duty to mitigate damages 227‑F
Denial on the basis of involvement in prior disputes prohibited 228
Termination of tenancies at will or by sufferance, by notice 229
Liability of tenant holding over after giving notice of intention to quit 230
Right of tenants to form, join or participate in tenants’ groups 231
Lease, when void 231‑A
Sprinkler system notice in residential leases 231‑B
Flood history and risk notice in residential leases 231‑C
Good cause eviction law notice 232
Duration of certain agreements in New York 232‑A
Notice to terminate monthly tenancy or tenancy from month to month in the city of New York 232‑B
Notification to terminate monthly tenancy or tenancy from month to month outside the city of New York 232‑C
Holding over by a tenant after expiration of a term longer than one month 233
Manufactured home parks 233‑A
Sale of manufactured home parks 233‑B
Manufactured home parks 233‑B*2
Campgrounds 233‑C
Residential ground lease cooperative apartment buildings 234
Right to recover attorneys’ fees in actions or summary proceedings arising out of leases of residential property 234‑A
Unauthorized legal fees 235
Wilful violations 235‑A
Tenant right to offset payments and entitlement to damages in certain cases 235‑B
Warranty of habitability 235‑BB
Certificates of occupancy 235‑C
Unconscionable lease or clause 235‑D
Harassment 235‑E
Duty to provide a written receipt 235‑F
Unlawful restrictions on occupancy 235‑G
Electronic billing and/or payment of rent 235‑H
Waiver of right to bring a declaratory judgment action 235‑I
Unreasonable tenant fees for reproductions of keys 236
Assignment of lease of a deceased tenant 236‑A
Termination of lease of a deceased tenant 237
Discrimination in leases with respect to bearing of children 237‑A
Discrimination against children in dwelling houses and manufactured home parks 238
Agreements or contracts for privileges to deal with occupants of tenements, apartment houses or bungalow colonies 238‑A
Limitation on fees
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Accessed:
Oct. 26, 2024

Last modified:
Sep. 20, 2024

§ 236-A’s source at nysenate​.gov

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