Surviving spouse may terminate lease of dwelling in certain circumstances.
1. Every lease of a dwelling executed after July 1, 1977, by spouses either of whom is 60 years of age or older at the time of execution, shall, upon the death of either, terminate 30 days after written notice to the landlord of the surviving spouse’s intention to terminate, notwithstanding any contrary provisions in the lease, but a notice of intention to terminate pursuant to this section may not be submitted later than 6 months after the date of such death.
2. The provisions of this section apply only to spouses whose combined income does not exceed $10,000 for the calendar year preceding the death.
3. As used in this section, “income” means all income, from whatever source derived, including but not limited to salaries, wages, bonuses, commissions, income from self-employment, alimony, cash, public assistance and relief, the gross amount of any pensions or annuities including railroad retirement benefits, benefits received under the Federal Social Security Act, unemployment compensation benefits received under the law, realized capital gains, rentals, the gross amount of loss of time insurance benefits, life insurance benefits and proceeds, and gifts of cash or property. The word “income” does not include surplus food or other relief in kind supplied by any governmental agency or property tax assistance received by any claimant under the law or gifts of cash or property from one spouse to another.
4. This section does not give a landlord the right to terminate a lease solely because of the death of one of the tenants.
Last modified: February 27, 2006