How Can A Senior Citizen Break Their Lease In New York State?

by Keith OToole on August 12, 2013

Seniors May Terminate Their Lease for Medical Reasons

Senior citizens who plan to relocate to senior citizen housing, including nursing homes or subsidized housing, or the home of a family member have the right to terminate existing leases.

To do this, Seniors  must be certified by a physician that they can no longer live independently.

They must also give a proper written termination notice to the Landlord.   Here is what the notice must include:

• Termination date:

The law says, “the termination date must be effective no earlier than thirty days after the date on which the next rental payment (after the notice is delivered) is due. The notice is considered to be delivered five days after mailing.” An example of what that means is, if the notice to the landlord is mailed on April 5, the notice is deemed received April 10. Since the next rental payment (after April 10) is due May 1, the earliest lease termination date will be effective June 1;

Physician’s Certification:

• A physician’s certification that the person is no longer able to live independently for medical reasons;

Notarized Statement or Proof of Admission:

• A notarized statement from a family member stating both that the senior is related and will be moving into his or her residence for at least six months, OR documentation of admission or pending admission to one of the above mentioned facilities.

If you are a Landlord in the Rochester New York area and have a legal question, don’t hesitate to call me at 585.352.7300.

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