Cal. Civ. Code § 236-A
Termination of lease of a deceased tenant
Operative Text
§ 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.
Under N.Y. Real Prop. Law § 236-A, when a residential tenant dies, the executor, administrator, or other legal representative of that tenant's estate gains the right to end the lease early — regardless of what the lease itself says about early termination. The termination takes effect when the estate notifies the landlord and surrenders the premises, provided any co-tenants or guarantors give written consent. The estate remains responsible for rent and other debts that accrued before termination, but it cannot be penalized for giving inadequate notice of the termination itself.
Plain English — not legal advice.
Under N.Y. Real Prop. Law § 236-A, operators of residential rental properties generally recognize that a deceased tenant's estate holds a statutory right to terminate the lease, and that any lease clause purporting to override this right is unenforceable. Compliant landlords typically accept notice sent by registered or certified mail with return receipt requested, confirm that written consent from any co-tenants or guarantors accompanies the termination notice, and continue to pursue only those rent arrears and documented costs — such as damages to the premises or direct expenses arising from the tenant's death — that accrued before the effective termination date. Landlords should be aware that § 236-A explicitly prohibits assessing penalties or damages against the estate solely for the manner or timing of the termination notice.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
If you are managing the estate of a deceased tenant, N.Y. Real Prop. Law § 236-A gives the estate's legal representative the option to end a residential lease without being bound by the lease's own termination terms. To exercise this right, the estate must notify the landlord by registered or certified mail with return receipt requested and surrender the premises, and any co-tenants or guarantors must provide written consent. The estate is still responsible for rent and costs that arose before the termination date, but § 236-A protects it from penalties tied to the form or timing of the termination notice — a protection that tenant-rights organizations or an attorney familiar with estate and housing law can help the estate understand and assert if a landlord disputes it.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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