If my landlord passed away, do I have to honor my lease agreement with the new owner?

My landlord passed away. Now her daughter is owner of the house I rent. Do I have to honor the lease since the agreement was made with me and the deceased? I have to move out because I have lost my full-time work and can no longer afford the monthly payment. I can’t give 30 day notice and don’t have the money to pay an additional months rent for not giving proper 30 day notice.

Asked on July 27, 2010 under Real Estate Law, New York


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, you are still bound by the terms of the lease despite the change in ownership due to a new landlord.

There may be language in the lease regarding heirs, successors, etc. to the landlord.  Even without that language, the new landlord, who in this case, inherited the property can enforce the lease terms. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.