§ 310 — Liability for rent accruing after induction; termination of lease

New York § 310

• Jurisdiction: New York
• Law MIL: Military
• Art. 13: New York State Soldiers' and Sailors' Civil Relief Act

Text

§ 310. Liability for rent accruing after induction; termination of\nlease. 1. The provisions of this section shall apply to any lease\ncovering premises occupied for dwelling, professional, business,\nagricultural, or similar purposes in any case in which (a) such lease\nwas executed by or on the behalf of a person who, after the execution of\nsuch lease, entered military service, and (b) the premises so leased\nhave been occupied for such purposes, or for a combination of such\npurposes by such person or by him and his dependents.\n The provisions of this section shall also apply to any lease covering\npremises occupied for dwelling purposes where such lease was executed by\nor on the behalf of a person who, after the execution of such lease,\nentered military service where such lease was also executed by or on the\nbehalf of the spouse of such a person.\n 2. Any such lease may be terminated by notice in writing delivered to\nthe lessor (or his grantee) or to the lessor's (or his grantee's) agent\nby a lessee at any time following the date of the beginning of such\nmilitary service. Delivery of such notice may be accomplished by placing\nit in an envelope properly stamped and duly addressed to the lessor (or\nhis grantee) or to the lessor's (or his grantee's) agent and depositing\nthe notice in the United States mails. Termination of any such lease\nproviding for monthly payment of rent shall not be effective until\nthirty days after the first date on which the next rental payment is due\nand payable subsequent to the date when such notice is delivered or\nmailed. In the case of all other leases, termination shall be effected\non the last day of the month following the month in which such notice is\ndelivered or mailed and in such case any unpaid rental for a period\npreceding termination shall be proratably computed and any rental paid\nin advance for a period succeeding termination shall be refunded by the\nlessor (or his assignee). Upon application by the lessor to the\nappropriate court prior to the termination period provided for in the\nnotice, any relief granted in this subdivision shall be subject to such\nmodifications or restrictions as in the opinion of the court justice and\nequity may in the circumstances require.\n 3. Any person who shall knowingly seize, hold or detain the personal\neffects, clothing, furniture or other property of any person who has\nlawfully terminated a lease covered by this section or the spouse or\ndependent of any such person, or in any manner interfere with the\nremoval of such property from the premises covered by such lease, for\nthe purpose of subjecting or attempting to subject any of such property\nto a claim for rent accruing subsequent to the date of termination of\nsuch lease, or attempts so to do, shall be guilty of a misdemeanor and\nshall be punished by imprisonment not to exceed one year or by fine not\nto exceed one thousand dollars, or both.\n