1. The Laws of New York
  2. Consolidated Laws
  3. Military
  4. Article 13: New York State Soldiers' and Sailors' Civil Relief Act


Section 310 Liability for rent accruing after induction; termination of lease

Military (MIL)

Liability for rent accruing after induction; termination of lease. 1. The provisions of this section shall apply to any lease covering premises occupied for dwelling, professional, business, agricultural, or similar purposes in any case in which (a) such lease was executed by or on the behalf of a person who, after the execution of such lease, entered military service, and (b) the premises so leased have been occupied for such purposes, or for a combination of such purposes by such person or by him and his dependents.

  The provisions of this section shall also apply to any lease covering premises occupied for dwelling purposes where such lease was executed by or on the behalf of a person who, after the execution of such lease, entered military service where such lease was also executed by or on the behalf of the spouse of such a person.

  2. Any such lease may be terminated by notice in writing delivered to the lessor (or his grantee) or to the lessor's (or his grantee's) agent by a lessee at any time following the date of the beginning of such military service. Delivery of such notice may be accomplished by placing it in an envelope properly stamped and duly addressed to the lessor (or his grantee) or to the lessor's (or his grantee's) agent and depositing the notice in the United States mails. Termination of any such lease providing for monthly payment of rent shall not be effective until thirty days after the first date on which the next rental payment is due and payable subsequent to the date when such notice is delivered or mailed. In the case of all other leases, termination shall be effected on the last day of the month following the month in which such notice is delivered or mailed and in such case any unpaid rental for a period preceding termination shall be proratably computed and any rental paid in advance for a period succeeding termination shall be refunded by the lessor (or his assignee). Upon application by the lessor to the appropriate court prior to the termination period provided for in the notice, any relief granted in this subdivision shall be subject to such modifications or restrictions as in the opinion of the court justice and equity may in the circumstances require.

  3. Any person who shall knowingly seize, hold or detain the personal effects, clothing, furniture or other property of any person who has lawfully terminated a lease covered by this section or the spouse or dependent of any such person, or in any manner interfere with the removal of such property from the premises covered by such lease, for the purpose of subjecting or attempting to subject any of such property to a claim for rent accruing subsequent to the date of termination of such lease, or attempts so to do, shall be guilty of a misdemeanor and shall be punished by imprisonment not to exceed one year or by fine not to exceed one thousand dollars, or both.