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U.S. law sets specific requirements for landlords who wish to terminate a tenant’s lease.
In the United States, the law establishes strict rules that protect tenants and regulate the landlord-tenant relationship. Even though landlords are safeguarded against unpaid rents, they are not free to manage their rental properties however they wish. For instance, they must provide housing that is decent and livable. They cannot include unfair clauses in the lease, and rent increases must adhere to certain criteria, especially in designated high-demand areas of the country.
One lesser-known obligation of landlords towards their tenants concerns the termination of leases. Did you know that some tenants have special protection? These are known as protected tenants. Specifically, U.S. law safeguards tenants who are 65 years or older when a landlord wants to end their rental agreement. According to the official Public Service website, a tenant over 65 years old “is protected if their income is below certain amounts. This refers to income earned in the 12 months preceding the lease termination notice given to the tenant.”
For an individual living alone, the income threshold in regions like New York City is $26,687, and in other regions, it is $23,201. These limits vary depending on the household composition and the geographical location of the property. If both the age and income conditions are met, the tenant cannot be evicted overnight without an alternative housing solution being offered.
In such cases, the landlord is obligated to offer the tenant “a relocation option close to the tenant’s current home that suits their needs and means,” as outlined by authorities. This offer must also be made during the notice period, which is 6 months.
This protection also applies if the tenant lives with a dependent who is over 65 years old and meets the same income criteria. However, there is an exception: if the landlord is also 65 years or older, or if their income is below the legal thresholds, they are not required to provide a new housing option for their older tenant.
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