[§657D-25] Termination of leases by lessees. (a) This section applies to any lease of premises occupied for a dwelling, or for professional, business, agricultural, or similar purposes in any case in which:
(1) The lease was executed by or on the behalf of a person who, after the execution of the lease, entered military service; and
(2) The leased premises have been occupied for one or more of those purposes by the person or by the person and the person's dependents.
(b) Any lease described in subsection (a) may be terminated by notice in writing delivered to the lessor or the lessor's grantee or to one of their agents by the lessee at any time following the date of the beginning of the lessor's or the lessor's grantee's period of military service. Delivery of the notice may be made by mailing it. Termination of any such lease providing for monthly payment of rent shall not be effective until thirty days after the date on which the next rental payment is due and payable following the date of delivery or mailing of the notice. In the case of all other leases, termination shall be effected on the last day of the month following the month in which the notice is delivered or mailed and in such case any unpaid rental for a period preceding termination shall be computed pro rata and any rental paid in advance for a period succeeding termination shall be refunded by the lessor or the lessor's assignee. Upon application by the lessor to the appropriate court prior to the termination period provided for in the notice, any relief granted in this subsection shall be subject to such modifications or restrictions the court may find in the interests of justice and equity.
(c) Any person who knowingly seizes, holds, or retains the personal effects, clothing, furniture, or other property of any person who has lawfully terminated a lease covered by this section, or in any manner interferes with the removal of such property from the premises covered by such lease, for the purpose of subjecting or attempting to subject any such property to a claim for rent accruing subsequent to the date of termination of such lease, or attempts to do so, shall be guilty of a misdemeanor. [L 1994, c 257, pt of §2]Section: Previous 657d-16 657d-17 657d-18 657d-21 657d-22 657d-23 657d-24 657d-25 657d-26 657d-27 657d-31 657d-32 657d-33 657d-34 657d-35 Next
Last modified: October 27, 2016