This past weekend, our colleague, Suzanne R. Albin , was quoted in a New York Times Real Estate section article.
Here's the piece in its entirety:
"No," said Suzanne R. Albin, a Manhattan real estate lawyer. New York's Real Property Law permits the early termination of a residential lease by someone 62 or older who is relocating to a family member's residence, an adult-care or residential health care facility, subsidized low-income housing, or less expensive senior-citizen housing. "Once that termination occurs, a tenant is released from further rent liability," Ms. Albin said.
She noted, however, that certain steps must be followed in order for this "release" to be triggered. First, the tenant must deliver to the building's owner or agent written notice of an intention to terminate the lease. That notice must be accompanied by proof of admission (or pending admission) to one of the above types of housing, and it is considered delivered five days after it is mailed. "Termination will be effective a month after the next rental payment is due," Ms. Albin said.
For example, if the notice were mailed on Dec. 5, it would be deemed received on Dec. 10. Assuming the next rental payment were due on Jan. 1, the termination would be effective on Feb. 1.
# # # To download a copy of the article, please use this link: When It's Permissible to Break a Lease # # #
When It's Permissible to Break a Lease
By Jay Romano
My mother has lived in a rent-stabilized apartment for 25 years. She is 92 years old and may have to go into a home soon. This will mean breaking her lease. Will the family be responsible for the rest of the lease?