Farmingville, NY asked in Landlord - Tenant for New York

Q: 80 year old recently in wheel chair, apt bathroom ismall to help him without him falling. can I break lease wo penalty

lease expires in 2021. I have been here over a year. Fairfield gave me a 3 month punishment if I leave. Do I have exemption for husbands disability.

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1 Lawyer Answer
George E. Patsis
George E. Patsis
  • Landlord Tenant Lawyer
  • Lindenhurst, NY
  • Licensed in New York

A: I'm sorry to hear about your predicament, this is a difficult situation that unfortunately many senior citizens face. Fortunately, New York law provides some relief.

Real Property Law 227-a states that where a tenant is 62 or older "there shall be implied a covenant by the lessor or owner to permit such lessee or tenant:  (a) who is certified by a physician as no longer able, for medical reasons, to live independently in such premises and requiring assistance with instrumental activities of daily living or personal activities of daily living, and who will move to a residence of a member of his or her family, or (b) who is notified of his or her opportunity to commence occupancy in an adult care facility."

In order to take advantage of the terms of Real Property Law 227-a, a tenant must provide "notice in writing delivered to the lessor or owner or to the lessor's or owner's agent by a lessee or tenant.  Such termination shall be effective no earlier than thirty days after the date on which the next rental payment subsequent to the date when such notice is delivered is due and payable.  Such notice shall be accompanied by a documentation of the physician's certification, accompanied by a notarized statement from a family member stating that the senior citizen is related, and will be moving into their place of residence for a period of not less than six months or admission or pending admission to a facility set forth in subdivision one of this section.  Such notice shall be deemed delivered five days after mailing.  Documentation of admission or pending admission shall consist of a copy of an executed lease or contract between the lessee or tenant and a facility set forth in subdivision one of this section."

I hope this information applies to your situation and is helpful to you. If you have any more questions I recommend that you setup a consultation with an attorney.

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