If a tenant renting an apartment has kids on the lease and eventually dies what can the kids do to stay in the apartment (New York: real estate, renter)

[malanb44]

If someone renting an apartment has kids on the lease and eventually 20-30 years later the renter dies. What can the kids do legally to continue renting the apartment while having lived there all along? The apartment is on a yearly lease and we have been paying for the rental after my mother got sick in 1991 and she became disabled as a result of her illness and passed away last week?

[fearnofish]

Are they still under the same lease 20-30 years later... I think you need to contact a real estate lawyer to get your best answer.

[malanb44]

As of last week we were still under the same lease and paying the same amount. The only thing that changed is the death of my mother. We're concerned about the cost of rental and what the transition will be.

[Chava61]

Originally Posted by malanb44

As of last week we were still under the same lease and paying the same amount. The only thing that changed is the death of my mother. We're concerned about the cost of rental and what the transition will be.

If it is a rent stabilized apartment and the children have been living with the parent at lease 2 years then it should be possible to continue to live there.

[bluedog2]

Originally Posted by Chava61

If it is a rent stabilized apartment and the children have been living with the parent at lease 2 years then it should be possible to continue to live there.

As long as they have actually been(and can provide proof of)living in the apartment as their primary residence for the 2 years.Paying the bills is not sufficient proof.

I know someone who lost a rent controlled apartment that she had grown up in because she had insured a car from another residence on Long Island.She deserved to lose it.

[Chava61]

Originally Posted by bluedog2

As long as they have actually been(and can provide proof of)living in the apartment as their primary residence for the 2 years.Paying the bills is not sufficient proof.

I know someone who lost a rent controlled apartment that she had grown up in because she had insured a car from another residence on Long Island.She deserved to lose it.

I agree that one must be able to prove that they have lived there for the 2 years prior to the death of their parent.

[cocoaeve]

My mother passed when I was 18 and since there I proved I lived in the apartment I was able to keep it. After the lease with my mom name expired the new lease was put into my name and the rent was raised accordingly but that was years ago.

I think if you can prove you lived there with your mother for that period of time and there is no rental payment issues then I don't see why the landlord wouldn't put the new lease into your name.

Best thing to do is talk to your landlord or management and see what they say.

[CD's Only Mrs. X]

Originally Posted by malanb44

If someone renting an apartment has kids on the lease and eventually 20-30 years later the renter dies. What can the kids do legally to continue renting the apartment while having lived there all along? The apartment is on a yearly lease and we have been paying for the rental after my mother got sick in 1991 and she became disabled as a result of her illness and passed away last week?

As far as I am aware and from personal experience with family, as long as you have lived there all that time and your name is on the lease you can continue to rent the apartment. If you have moved at any point in the lease and/or your name was removed from the lease at any point without it ever being put back on or your proof of income address does not match that of the lease, the apartment is not yours.


Recently had a family member whose grandmother had passed away. The grandmother took care of this family member and was on the lease. The lease was immediately transfered to this family member.

Then I had another whose mother passed away. The mother had placed her daughter under the lease but the daughter moved away, only returning when the mom got sick. The lease was not transfered to the daughter as she could not come up with proof of any income that matched the address on the lease and they had to move out immediately thereafter.

[franny47]

I believe under the New York State succession law,they can inherit the apartment from you,but I would google this.I think a parent,sibling,or a spouse can inherit an apartment.

[bxlefty23]

if its rent stabablized AND the kids have been living there the rent would stay the same
but if the kids were not living there they have no right to be there now