Full question:
My nephew signed a one year lease in Pennsylvania two months ago. He suddenly died and the landlord is claiming that he owes rent for the remainder of his lease. is that true? Does the landlord have an obligation to mitigate and/or find another tenant? Is there a statue -- e.g. in NJ -- that has a provision that abrogates his repsonsibilities???
- Category: Landlord Tenant
- Subcategory: Lease Termination
- Date:
- State: New York
Answer:
When a lease is breached through nonpayment of rent, for whatever cause, but not to to fault on the landlord's part, the landlord may seek damages for the remainder of the lease term. However, the landlord has a duty to mitigate (lessen) damages by making a reasonable attempt to relet the premises. This generally means that the landlord must advertise the premises and make attempts to show the premises to prospective tenants. Any rent from the new tenant for the remainider of the lease term must be deducted from the damages claimed.
Please see the following NJ statutes:
2A:42-11. Action for rent
A person to whom rent is due upon a lease or other agreement may
bring an action for such rent whether the term of the letting be
for a definite term or for life or otherwise.
2A:42-12. Death of tenant for life; remedy for recovery of rent
When a tenant for life shall die before or on the day on which rent was
reserved or made payable, upon a lease of real estate which determined on
the death of the tenant for life, the executors or administrators of the
tenant for life may in an action recover from the undertenant of the real
estate, the whole, if the tenant for life dies on the day the same was
made payable, or if before that day, then a proportion thereof, according
to the time the life tenant lived in which the rent was growing due,
making all just allowances or a proportional part thereof, respectively.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
