Ask about . . . Lease or Contract Termination
Section 227(a) of New York State Real Property Law spells out the RIGHTS of people aged 62 and over to terminate a residential lease or rental agreement before the contract's specified time period ends, AND Section 227(a) SPECIFIES THE CONDITIONS UNDER WHICH THE TERMINATION CAN TAKE PLACE.
Terminating a lease in accordance with the stipulations of Section 227(a) is a legal termination and is NOT a lease violation. When the lease is terminated under these conditions, the tenant no longer is responsible for making rent payments to the landlord.
This law applies to ANY type of building or property that the older person is occupying for dwelling purposes (is living there).
This law applies to any leaseholder (the person whose name is on the lease) who IS aged 62 or older or who WILL BECOME aged 62 during the term of the lease or rental contract. The law also applies to the leaseholder's spouse who is aged 62 or older or who will become aged 62 during the term of the lease.
An older tenant can legally terminate the lease or rental agreement in order to move into any of the following types of living arrangements:
- Adult Care Facility (four types, commonly known as an Assisted Living, Adult Home, Enriched Housing Program, Family Type Home, or Residence For Adults);
- Nursing Home;
- Subsidized housing (senior housing or housing meant for tenants of all ages);
- Less expensive senior housing; or,
- The home of a family member (after having been certified by a physician as
- Being no longer able, for medical reasons, to live independently, and
- Requiring assistance with instrumental or other activities of daily living).
An older tenant can terminate the lease/agreement and move into one of the above alternative living arrangements by notifying the landlord/owner/lessor. The notification must:
- Be made in writing and signed by the tenant (or tenant's legal representative);
- Be delivered to the owner or the owner's agent; and,
- Include documentation showing he has been notified that he can now move into one of the alternatives above; or, if moving in with a family member, include a physician's certification that he meets the health-related requirements to live with a family member, as well as the family member's documentation that he/she is related to the tenant and that the tenant will live with the family member for at least six months.
The termination will take effect 30 days after the day upon which the next rental payment is due and payable.
To read the law in its entirety: Chapter 313 of the Laws of 1999, Section 227(a) of the New York State Real Property Law.
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