2013 New York Consolidated Laws
MIL - Military
Article 13 - (300 - 328) NEW YORK STATE SOLDIERS' AND SAILORS' CIVIL RELIEF ACT
310 - Liability for rent accruing after induction; termination of lease.

 
    § 310. 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.