N.Y. Military Law § 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.