United Tenants of Albany Informational Handouts
Additional helpful information is available on the website of the New York State Attorney General in the Tenant’s Rights Guide.
MONTH TO MONTH TENANTS
Tenants who do not have leases and who pay rent on a monthly basis are called month-to-month tenants. In localities without rent regulations, tenants who stay past the end of a lease are treated as month-to-month tenants if the landlord accepts their rent.
A month-to-month tenancy may be terminated by either party by giving at least one month notice before the expiration of the term. For example, suppose your rent is due on the first of each month. Your landlord must tell you by September 30th before your October rent is due that he wants you to move out by November 1st. The termination notice need not specify why the landlord seeks possession of the apartment.
A landlord cannot unilaterally raise the rent of a month-to-month tenant without the consent of the tenant. However, if the tenant does not consent, the landlord can terminate the tenancy by giving appropriate notice.
A termination notice does not automatically allow the landlord to evict the tenant. The landlord must first bring an eviction proceeding in court and win the case.
(Real Property Law S232-a, S232-b, S232-c)
GUIDE TO LOOKING FOR A PLACE TO LIVE
SENIOR CITIZEN LEASE TERMINATION
Tenants or their spouses living with them, who are sixty-two years or older, or who will attain such age during the term of their leases, are entitled to terminate their leases if they relocate to an adult care facility, a residential health care facility, subsidized low-income housing, or other senior citizen housing.
When such tenants give notice of their opportunity to move into one of the above facilities, the landlord must release the tenant from liability to pay rent for the balance of the lease and adjust any payments made in advance.
Senior citizens who wish to avail themselves of this option must do so by written notice to the landlord. The termination date must be effective no earlier than 30 days after the date on which the next rental payment (after the notice is delivered) is due. The notice is deemed delivered five days after mailing. The written notice must include documentation of admission or pending admission to one of the above mentioned facilities. For example, a senior citizen mails a notice to the landlord of his or her intention to terminate the lease on April 5th; the notice is received April 10th. Since the next rental payment (after April 10th) is due May 1st, the earliest lease termination date will be effective June 1st.
Anyone who interferes with the tenant’s or her/his personal effects, clothing, furniture or other personal property from the premises to be vacated will be guilty of a misdemeanor.
Owners or lessors of a facility of a unit into which a senior citizen is entitled to move after terminating a lease, must advise such tenant, in the admission application form, of the tenant’s rights under the law.
(Real Property Law S227-a)
It is against the law for the landlord to evict a tenant without a court order. A landlord cannot change the locks to evict a tenant, if a landlord does this CALL THE POLICE. Also, you may break into the apartment to recover your possessions IF YOUR ILLEGALLY LOCKED OUT by the landlord before the Sheriff/Marshall/Constable has come to evict you. If you do this, you should notify the police first and be prepared to show them the proof that this is your current address.