New York Deceased Tenant Estate and Landlord Coordination Packet
NEW YORK DECEASED TENANT ESTATE AND LANDLORD COORDINATION PACKET
Before use: N.Y. Real Property Law § 236-a permits the executor, administrator or legal representative to elect termination of a covered residential or mixed residential/professional lease. It excludes a cooperative proprietary lease. Confirm when the lease was made or renewed, the representative's authority, and written consent of each co-tenant or guarantor. The election and surrender of possession must both occur; death alone does not end the lease or decide estate-property title.
Lease and authority record
| Item | Evidence and result |
|---|---|
| Tenant, dwelling, death and lease date or renewal | [NAME / ADDRESS / RECORDS / DATES] |
| Residential or mixed residential/professional; no cooperative proprietary lease | [LEASE / BUILDING / REVIEWER] |
| Executor, administrator or legal representative's authority | [COURT / CASE / DOCUMENT / NAME] |
| Each co-tenant and guarantor, and their written consents | [NAMES / SIGNED CONSENTS / DATE] |
| Estate election notice and registered or certified mailing | [COPY / POSTMARK / RETURN RECEIPT] |
| Physical surrender of premises, keys and other occupants | [DATE / INVENTORY / PROOF] |
| Rent, deposit and personal-property inventory | [LEDGER / ITEMS / ADDRESS] |
A. Estate representative: lease termination election
Date: [__/__/____] To landlord: [NAME / MAILING ADDRESS]
I am [NAME], the ☐ executor ☐ administrator ☐ legal representative of the estate of [DECEASED TENANT], authorized by [COURT ORDER / LETTERS / OTHER DOCUMENT ATTACHED]. The tenant occupied [ADDRESS] under a [RESIDENTIAL / MIXED RESIDENTIAL-PROFESSIONAL] lease made or renewed on [DATE]. This is not a cooperative proprietary lease.
Under N.Y. Real Property Law § 236-a, the estate elects to terminate the lease. Written consents of every co-tenant and guarantor are ☐ attached ☐ inapplicable because [NO CO-TENANT / NO GUARANTOR; LEASE CHECKED]. The estate has ☐ surrendered possession of the premises on [DATE] with keys and access devices returned ☐ scheduled surrender for [DATE], in which case termination is not yet effective. The effective date is the date when this election has been communicated to you and possession has been surrendered: [DATE / PENDING]. I request a joint property-removal and surrender appointment on [DATE / TIME] or [ALTERNATE].
Please send an itemized rent, deposit and damage accounting and identify any competing possessory or property claim to [ESTATE ADDRESS]. The estate remains responsible for debts incurred before effective termination; my signature does not make me personally liable for them. This notice does not convey any personal property to the landlord.
Representative signature: ______________________________ Date: [__/__/____]
Mailing: ☐ registered ☐ certified, return receipt requested. Tracking, postmark and return receipt: [DETAIL / ATTACHMENT]
B. Co-tenant or guarantor written consent, if applicable
I, [NAME], am a ☐ co-tenant ☐ guarantor under the lease for [ADDRESS]. I consent in writing to the estate's termination election under N.Y. Real Property Law § 236-a. I understand that this consent is part of the estate's election package. Any separate question about my own rights or obligations is reserved for review of the lease and governing law.
Signature: ______________________________ Date: [__/__/____] Address: [________________]
Additional co-tenant or guarantor consent attached: [NAME / DOCUMENT / DATE]
C. Landlord: election receipt and surrender acknowledgment
Date: [__/__/____] To estate representative: [NAME / ADDRESS]
I received the estate's § 236-a election by ☐ registered ☐ certified mail, return receipt requested, on [DATE]. I received the written consent of each identified co-tenant and guarantor on [DATE / DOCUMENTS], or verified that none exists under [LEASE / GUARANTY]. Possession of [UNIT] was ☐ surrendered on [DATE], with keys and access devices [DETAIL] ☐ not yet surrendered because [DETAIL]. The effective termination date, after both notice and surrender, is [DATE / PENDING].
Remaining personal property and its custody status are [INVENTORY / RECEIPT]. This acknowledgment records possession and physical custody only. It does not transfer estate-property ownership or authorize disposal. Rent, debt and deposit accounting will be sent to the estate representative at [ADDRESS].
Landlord signature: ______________________________ Date: [__/__/____]
Mailing: ☐ registered ☐ certified, return receipt requested. Tracking and receipt: [DETAIL]
D. Property handoff and estate accounting record
Access and handoff: [DATE / UNIT]. Recipient: [NAME / AUTHORITY / ID CHECK]. Landlord: [NAME].
| Item | Identification and condition | Removed or remains |
|---|---|---|
| [ITEM] | [DETAIL / PHOTO] | [STATUS] |
| [ITEM] | [DETAIL / PHOTO] | [STATUS] |
| Accounting item | Basis and amount |
|---|---|
| Rent or other debt incurred before effective termination | [LEDGER / AMOUNT] |
| Supported premises damage or direct death-related expense | [RECORD / AMOUNT] |
| Deposit and proposed balance to authorized estate recipient | [RECEIPT / AMOUNT / RECIPIENT] |
| Separate disposition authority for any unclaimed property | [SOURCE / DECISION / DATE] |
Keys, surrender and termination confirmed: [DATES / DOCUMENTS]. Recipient signature: ____________________ Landlord signature: ____________________ Date: [__/__/____]
About this template
- Last updated
- October 3, 2026
- Citations checked
- October 3, 2026
- Jurisdiction
- New York
- Category
- Landlord & Tenant
Legal authority
- N.Y. Real Prop. Law § 236-a
Landlord-tenant paperwork governs who can stay in a property, on what terms, and what happens when something goes wrong. Leases, notices to quit, security deposit demands, and habitability complaints all have state and often city-specific requirements for timing, content, and service. Getting the paperwork right is what makes an eviction actually succeed or a security deposit actually come back, because judges regularly dismiss cases over small procedural mistakes.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on October 3, 2026.
N.Y. Real Prop. Law § 236-a (checked October 3, 2026): "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."
N.Y. Real Prop. Law § 236-a (checked October 3, 2026): "premises demised for residential use, or partly for residential and partly for professional use"
N.Y. Real Prop. Law § 236-a (checked October 3, 2026): "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."
N.Y. Real Prop. Law § 236-a (checked October 3, 2026): "Such termination option shall be accompanied by the written consent thereto of any co-tenant or guarantor of such lease."
Draft your New York Deceased Tenant Estate and Landlord Coordination Packet in the editor
Answer a few questions, let the AI editor draft each section from your answers, review it, and download Word and PDF. $99 one time, or $249 per month for every document and every Ezel app.