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Roommate, not on lease, dies in apartment

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Roommate, not on lease, dies in apartment

Postby SRE1981 » Thu Jan 13, 2011 6:09 am

My roommate died very suddenly in his bathroom. He was epileptic. He was my subleaser, and was not on the lease. I can't live here anymore, it's too upsetting. My lease ends in September.

Should I tell my management company?
Would they let me out of the lease early?
Should I just move, and sublet the apartment?

Any advice would be appreciated.
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Postby TenantNet » Thu Jan 13, 2011 8:56 am

We can't tell you what to do.

I'm assuming you notified the police and they took care of immediate things. And someone should notify the family. The family should deal with the roommate's personal effects ... but for things of high value there should be an executor either from a will or assigned by Surrogate Court.

As a roommate, he had no tenancy rights, but he was a licensee. I do not know if a deceased roommate's estate continues with licensee rights or not. It may behoove you to check with a lawyer, one who knows both tenant law and estate law.

As for your moving, you can ask the LL, but if you have a lease, they might hold you to that. Of course you could move anytime, but they might try to hold you to paying the rent. And for subletting, the same caveats hold as for any subletting situation.
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