Manhattan, NY asked in Landlord - Tenant for New York

Q: How should a landlord handle tenants who threaten to commit suicide due to lease renewal being denied?

After the tenant was told their lease will not renew, Tenant then claims they now have an ADA disability. Full email quote below. We are allowing her to early terminate. Are we required to to address the suicidal comment?

"This act of retaliation and perhaps discrimination has physically and mentally impaired me making a move seem nearly impossible at this time.

However, I am not sure I can withstand the intentional anxiety, depression and suicidal thoughts that have been brought upon by your office and me residing here. Thus, I am trying to make leaving here a feasible task.

I would like to know as soon as possible the earliest I could surrender my lease. I believe this is in the best interest of all parties."

Related Topics:
2 Lawyer Answers
Victor M. Feraru
Victor M. Feraru
Answered
  • Brooklyn, NY
  • Licensed in New York

A: Honestly, from the looks of it, you have a very difficult situation. Under New York State law, you must relet the property even if the tenant breaks the lease. You may need legal advice and a consultation to fully explore your options. Frankly, you could report the utterance to police for a wellness check, but again, I would reach out to get tailored advice.

Steven Warren Smollens
Steven Warren Smollens
Answered
  • Landlord Tenant Lawyer
  • New York, NY
  • Licensed in New York

A: Dear Manhattan Landlord:

Do not try to handle this on your own. You need the protection of an attorney.

Now you need to respond here. In NYC, it is 100% legally impossible to end a tenancy and to inform a tenant the lease is not being renewed by being "told."

In NYC, as in the entire State, the lawful notification method is written, and a tenant with at least two years of tenancy must have at least 90 days advance notice.

In NYC, a process server must serve the written notification.

Now, if you did so and know that your end of tenancy was provided to the tenant in the matter required by law, your attorney may very well tell you to cease communication with the tenant. The attorney may report the tenant's threat of suicide to the hotline and request the assistance of the adult protective services. https://www.nyc.gov/site/hra/help/adult-protective-services.page

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.