New York Laws
Article 13 - 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.