Legal Question in Real Estate Law in New York

breaking a lease agreement

Can I as a landlord break a lease with a tenant before it ends because we want to move our elderly parent into the apartment to be near to us for medical care and family support for daily living care?


Asked on 6/03/02, 10:23 am

2 Answers from Attorneys
Galal Chater Chater & Associates

Re: breaking a lease agreement

THE SIMPLE ANSWER IS NO - However, there is a way to get the apartment back for the reasons you specified. You can choose to send a non-renewal notice - that you are not renewing the lease because you want to occupy the premises yourself (owner-occupancy). This must be done within a specific time frame prior to the expiration of your tenant's lease and the contents of the notice must be very specific.

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Answered on 6/03/02, 10:48 am
Walter LeVine Walter D. LeVine, Esq.

Re: breaking a lease agreement

You may not terminate the lease before its expiration, unless the tenant has defaulted under it, or commited some breach (like not paying the rent when due). However, since you want to use the apartment for an ailing relative, you do not have to offer a renewal. I suggest you provide the tenant written notice of the non-renewal in sufficient time to allow the tenant to find a replacement apartment.

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Answered on 6/03/02, 5:39 pm


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