House Journal: Page 27: Thursday, November 8, 2001
4 discretion, on its own motion, and shall, on
5 application to it by such person in military service
6 or some person on the defendant's behalf, unless in
7 the opinion of the court the ability of the defendant
8 to comply with the terms of the obligation is not
9 materially affected by reason of the defendant's
10 military service, do any of the following:
11 a. Stay the proceedings for such period as the
12 court deems just.
13 b. Make such other disposition of the case as may
14 be equitable to conserve the interests of all parties.
15 3. No sale, foreclosure, or seizure of property
16 for nonpayment of any sum due under any such
17 obligation as provided in subsection 1, or for any
18 other breach of the terms thereof, whether under a
19 power of sale, under a judgment entered upon warrant
20 of attorney to confess judgment contained therein, or
21 otherwise, shall be valid if made during the period of
22 military service or within three months thereafter,
23 except pursuant to an agreement between the parties,
24 unless upon an order previously granted by the court
25 and a return thereto made and approved by the court.
26 Sec. 104. TERMINATION OF LEASES BY LESSEES.
27 1. The provisions of this section shall apply to
28 any lease covering premises occupied for dwelling,
29 professional, business, agricultural, or similar
30 purposes in any case in which such lease was executed
31 by or on the behalf of a person who, after the
32 execution of such lease, entered military service.
33 2. Any such lease as provided in subsection 1 may
34 be terminated by notice in writing delivered to the
35 lessor or to the lessor's agent by the lessee at any
36 time following the date of the beginning of the period
37 of military service. Delivery of such notice may be
38 accomplished by placing it in an envelope properly
39 stamped and duly addressed to the lessor or to the
40 lessor's agent and depositing the notice in the United
41 States mail. Termination of any such lease providing
42 for monthly payment of rent shall not be effective
43 until thirty days after the first date on which the
44 next rental payment is due and payable subsequent to
45 the date when such notice is delivered or mailed. In
46 the case of all other leases, termination shall be
47 effected on the last day of the month following the
48 month in which such notice is delivered or mailed and
49 in such case any unpaid rental for a period preceding
50 termination shall be proratably computed and any
Page 4
1 rental paid in advance for a period succeeding
2 termination shall be refunded by the lessor. Upon
3 application by the lessor to the appropriate court
© 2001 Cornell College and
League of Women Voters of Iowa
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