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(a)
TERMINATION BY LESSEE- The lessee on a lease described in subsection
(b) may, at the lessee's option, terminate the lease at any time after--
(1) the lessee's entry into military service; or
(2) the date of the lessee's military orders described in paragraph
(1)(B) or (2)(B) of subsection (b), as the case may be.
(b) COVERED LEASES- This section applies to the following leases:
(1) LEASES OF PREMISES- A lease of premises occupied, or intended to
be occupied, by a servicemember or a servicemember's dependents for a
residential, professional, business, agricultural, or similar purpose
if--
(A) the lease is executed by or on behalf of a person who thereafter
and during the term of the lease enters military service; or
(B) the servicemember, 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 for a period of not less than 90 days.
(2) LEASES OF MOTOR VEHICLES- A lease of a motor vehicle used, or intended
to be used, by a servicemember or a servicemember's dependents for personal
or business transportation if--
(A) 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 not less than 180 days (or who enters
military service under a call or order specifying a period of 180 days
or less and who, without a break in service, receives orders extending
the period of military service to a period of not less than 180 days);
or
(B) the servicemember, while in military service, executes the lease
and thereafter receives military orders for a permanent change of station
outside of the continental United States or to deploy with a military
unit for a period of not less than 180 days.
(c) MANNER OF TERMINATION-
(1) IN GENERAL- Termination of a lease under subsection (a) is made--
(A) by delivery by the lessee of written notice of such termination,
and a copy of the servicemember's military orders, to the lessor (or
the lessor's grantee), or to the lessor's agent (or the agent's grantee);
and
(B) in the case of a lease of a motor vehicle, 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 15 days after
the date of the delivery of written notice under subparagraph (A).
(2) DELIVERY OF NOTICE- Delivery of notice under paragraph (1)(A) may
be accomplished--
(A) by hand delivery;
(B) by private business carrier; or
(C) 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 mails.
(d) EFFECTIVE DATE OF LEASE TERMINATION-
(1) LEASE OF PREMISES- In the case of a lease described in subsection
(b)(1) that provides for monthly payment of rent, termination of the
lease under subsection (a) is effective 30 days after the first date
on which the next rental payment is due and payable after the date on
which the notice under subsection (c) is delivered. In the case of any
other lease described in subsection (b)(1), termination of the lease
under subsection (a) is effective on the last day of the month following
the month in which the notice is delivered.
(2) LEASE OF MOTOR VEHICLES- In the case of a lease described in subsection
(b)(2), termination of the lease under subsection (a) is effective on
the day on which the requirements of subsection (c) are met for such
termination.
(e) ARREARAGES AND OTHER OBLIGATIONS AND LIABILITIES- 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 the lease
of a motor vehicle, the lessor may not impose an early termination charge,
but any taxes, summonses, and title and registration fees 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.
(f) RENT PAID IN ADVANCE- 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 30 days of the effective date of the termination
of the lease.
(g) RELIEF TO LESSOR- Upon application by the lessor to a court before
the termination date provided in the written notice, relief granted by
this section to a servicemember may be modified as justice and equity
require.
(h) PENALTIES-
(1) MISDEMEANOR- Any person who knowingly seizes, holds, or detains
the personal effects, security deposit, or other property of a servicemember
or a servicemember'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, shall be fined as provided in title 18, United States Code, or imprisoned
for not more than one year, or both.
(2) PRESERVATION OF OTHER REMEDIES- 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, including any award for consequential or punitive
damages.
Next page > Section
306 - Protection
of life insurance policy
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