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SENIOR CITIZEN LEASE TERMINATION

Tenants or their spouses living with them, who are sixty-two years or older, or who will attain such age during the term of their leases, are entitled to terminate their leases if they relocate to an adult care facility, a residential health care facility, subsidized low-income housing, or other senior citizen housing.

When such tenants give notice of their opportunity to move into one of the above facilities, the landlord must release the tenant from liability to pay rent for the balance of the lease and adjust any payments made in advance.

Senior citizens who wish to avail themselves of this option must do so by written notice to the landlord. The termination date must be effective no earlier than 30 days after the date on which the next rental payment (after the notice is delivered) is due. The notice is deemed delivered five days after mailing. The written notice must include documentation of admission or pending admission to one of the above mentioned facilities. For example, a senior citizen mails a notice to the landlord of his or her intention to terminate the lease on April 5th; the notice is received April 10th. Since the next rental payment (after April 10th) is due May 1st, the earliest lease termination date will be effective June 1st.

Anyone who interferes with the tenant's or her/his personal effects, clothing, furniture or other personal property from the premises to be vacated will be guilty of a misdemeanor.

Owners or lessors of a facility of a unit into which a senior citizen is entitled to move after terminating a lease, must advise such tenant, in the admission application form, of the tenant's rights under the law.

(Real Property Law S227-a)