Order to terminate or sever lease or rental agreement

  

  

_______, Defendant.

  

_______, Lessee/tenant

-against-

_______, Landlord(s), and/or

_______, Co-tenant(s).

______________ x

Hon. __________.

This Court having signed an order of protection, which expires on ______, issued for the benefit of the above-named lessee/tenant in connection with the above-captioned criminal proceeding, and the lessee/tenant having applied to this Court for an order

□ terminating the lease or rental agreement, and/or □ severing the co-tenancy

at the following address: [specify exact address of subject premises], and ten days

notice of the application having been duly given to the following, who appeared as indicated:

□ Landlord(s) or owner(s) appeared [with counsel]; or, □ Landlord(s) or owner(s) did not appear, □ Co-tenant(s), co-lessee(s) named on the lease or rental agreement appeared [with counsel]; or, □ Co-tenant(s), co-lessee(s) named on the lease or rental agreement did not appear,

Now, having examined the lessee/tenant's application and having heard from the relevant parties, in compliance with CPL Article 530 and RPL § 227-c, the Court makes the following findings:

□ The tenant is acting in good faith; or □ The tenant is not acting in good faith;

□ Notwithstanding the issuance of the order of protection or temporary order of protection, the tenant or the tenant's children remain in substantial risk of physical or emotional harm, a risk that will be substantially reduced if the lease or rental agreement is terminated or the co-tenancy is severed; or

□ Notwithstanding the issuance of the order of protection or temporary order of protection, the tenant has not established to the satisfaction of the Court that the tenant or the tenant's children remain at substantial risk of physical or emotional harm, or that the risk, if any, would be substantially reduced if the lease or rental agreement is terminated or if the co-tenancy is severed;

□ The tenant asked the landlord or owner to voluntarily terminate the lease, but was refused; □ The landlord or owner did not respond to the tenant's request to voluntarily terminate the lease; □ The landlord appeared in this proceeding and agreed to voluntarily terminate the lease;

□ The following co-tenants or co-lessees have consented to termination of the lease or rental agreement: □ The following co-tenants or co-lessees have refused to consent to termination of the lease or rental agreement: □ The following co-tenants or co-lessees have not responded regarding termination of the lease or rental agreement:

□ The Court further makes the following findings [specify additional findings if relevant]:

Accordingly, after a full inquiry into the facts and circumstances, it is therefore:

 

 

 

□ ORDERED that the tenant shall pay all rent and other obligations due and owing as of the date of termination of the lease or severance of the co-tenancy on a timely basis not later than [specify date]:

□ ORDERED that the following credits or other adjustments be made through to the termination date for any rent or other payments made in advance or that have accrued by the terms of the lease or rental agreement: [specify].

□ ORDERED that this Order, the application, supporting documents and record of this proceeding be sealed and not be disclosed to the defendant or anyone who is not a party to this petition except by order of this Court;

□ ORDERED that this Order shall be served on the following landlord or owner as follows: [specify service by Court, by law enforcement agency, by city marshal or by other means]

□ ORDERED that this Order shall be served on the following co-tenant(s) or co-lessee(s) as follows: [specify service by Court, by law enforcement agency, by city marshal or by other means]

 

Dated:

Check applicable box: