29A.101A - TERMINATION OF LEASE BY SERVICE MEMBER -- PENALTY.
29A.101A TERMINATION OF LEASE BY SERVICE MEMBER --
PENALTY.
1. For purposes of this section, unless the context otherwise
requires:
a. "Premises lease" means a lease of premises occupied, or
intended to be occupied, by a service member or a service member's
dependents for a residential, professional, business, agricultural,
or similar purpose if either of the following applies:
(1) The lease is executed by or on behalf of a person who
thereafter and during the term of the lease enters military service.
(2) The service member, while in military service, executes the
lease and thereafter receives military orders for a permanent change
of station or to deploy with a military unit, or as an individual in
support of a military operation, for a period of not less than ninety
days.
b. "Vehicle lease" means a lease of a motor vehicle used, or
intended to be used, by a service member or a service member's
dependents for personal or business transportation if either of the
following applies:
(1) The lease is executed by or on behalf of a person who
thereafter and during the term of the lease enters military service
under a call or order specifying a period of service of not less than
ninety days, or who enters military service under a call or order
specifying a period of ninety days of service or less and who,
without a break in service, receives orders extending the period of
military service to a period of not less than ninety days.
(2) The service member, while in military service, executes the
lease and thereafter receives military orders to deploy with a
military unit, or as an individual in support of a military
operation, for a period of not less than ninety days.
2. A service member may terminate a premises lease or vehicle
lease pursuant to the requirements of this section. Termination of a
premises lease or vehicle lease shall be made as follows:
a. By delivery by the lessee of written notice of such
termination, and a copy of the service member's military orders, to
the lessor or the lessor's grantee, or to the lessor's agent or the
agent's grantee. A lessee's termination of a lease pursuant to this
subsection shall terminate any obligation a dependent of the lessee
may have under the lease. For purposes of this paragraph, written
notice may be accomplished by hand delivery, by private business
carrier, or by placing the written notice in an envelope with
sufficient postage and with return receipt requested, and addressed
as designated by the lessor or the lessor's grantee or to the
lessor's agent or the agent's grantee, and depositing the written
notice in the United States mail.
b. In the case of a vehicle lease, by return of the motor
vehicle by the lessee to the lessor or the lessor's grantee, or to
the lessor's agent or the agent's grantee, not later than fifteen
days after the date of the delivery of written notice under paragraph
"a". A lessee's termination of a lease pursuant to this
subsection shall terminate any obligation a dependent of the lessee
may have under the lease.
3. In the case of a premises lease that provides for monthly
payment of rent, termination of the lease is effective thirty days
after the first date on which the next rental payment is due and
payable after the date on which the notice is delivered. In the case
of any other premises lease, termination of the lease is effective on
the last day of the month following the month in which the notice is
delivered.
4. In the case of a vehicle lease, termination of the lease is
effective on the day on which the vehicle is delivered to the lessor
or the lessor's grantee.
5. Rents or lease amounts unpaid for the period preceding the
effective date of the lease termination shall be paid on a prorated
basis. In the case of a vehicle lease, the lessor shall not impose
an early termination charge, but any summonses, title and
registration fees, including the fee for new registration, and any
other obligation and liability of the lessee in accordance with the
terms of the lease, including reasonable charges to the lessee for
excess wear, use, and mileage, that are due and unpaid at the time of
termination of the lease shall be paid by the lessee.
6. Rents or lease amounts paid in advance for a period after the
effective date of the termination of the lease shall be refunded to
the lessee by the lessor or the lessor's assignee or the assignee's
agent within thirty days of the effective date of the termination of
the lease.
7. Upon application by the lessor to a court before the
termination date provided in the written notice, relief granted by
this section to a service member may be modified as justice and
equity require.
8. a. Any person who knowingly seizes, holds, or detains the
personal effects, security deposit, or other property of a service
member or a service member's dependent who lawfully terminates a
lease covered by this section, or who knowingly interferes with the
removal of such property from 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 to do so, commits a simple misdemeanor.
b. The remedy and rights provided under this section are in
addition to and do not preclude any remedy for wrongful conversion
otherwise available under law to the person claiming relief under
this section. Section History: Recent Form
2003 Acts, ch 154, §1; 2006 Acts, ch 1143, §3; 2007 Acts, ch 22,
§12; 2008 Acts, ch 1113, §47
Referred to in § 29A.100, 29A.105