Text: H01284                            Text: H01286
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House Amendment 1285

Amendment Text

PAG LIN
  1  1    Amend Senate File 359, as amended, passed, and
  1  2 reprinted by the Senate, as follows:
  1  3    #1.  Page 1, by striking lines 3 through 11, and
  1  4 inserting the following:
  1  5    "1.  As used in this section, "lease" or "rental
  1  6 agreement" means any lease or rental agreement
  1  7 covering premises occupied for dwelling, professional,
  1  8 business, agricultural, or similar purposes if both of
  1  9 the following conditions are met:
  1 10    a.  The lease or rental agreement was executed by
  1 11 or on behalf of a service member who, after the
  1 12 execution of the lease or rental agreement, entered
  1 13 military service.
  1 14    b.  The service member or the service member's
  1 15 dependents occupy the premises for the purposes set
  1 16 forth in this subsection.
  1 17    2.  a.  A service member may terminate a lease or
  1 18 rental agreement by providing written notice to the
  1 19 lessor or the lessor's agent at any time following the
  1 20 date of the beginning of the service member's period
  1 21 of military service.  The notice may be delivered by
  1 22 placing it in an envelope properly stamped and
  1 23 addressed to the lessor or the lessor's agent and
  1 24 depositing the notice in the United States mail.
  1 25    b.  Termination of a month-to-month lease or rental
  1 26 agreement shall not be effective until thirty days
  1 27 after the first day on which the next rental payment
  1 28 is due and payable after the date when notice is
  1 29 delivered or mailed.  As to all other leases or rental
  1 30 agreements, termination shall be effective on the last
  1 31 day of the month following the month in which notice
  1 32 is delivered or mailed.  Any unpaid rent for the
  1 33 period preceding the termination in such cases shall
  1 34 be computed on a pro rata basis and any rent paid in
  1 35 advance after termination shall be refunded by the
  1 36 lessor or the lessor's agent.
  1 37    c.  Upon application by the lessor and prior to the
  1 38 termination period provided in the notice, a court may
  1 39 modify or restrict any relief granted in this
  1 40 subsection as the interests of justice and equity
  1 41 require.
  1 42    3.  A person who knowingly seizes, holds, or
  1 43 detains the personal effects, clothing, furniture, or
  1 44 other property of any person who has lawfully
  1 45 terminated a lease or rental agreement covered under
  1 46 this section or who interferes in any manner with the
  1 47 removal of property from the premises for the purposes
  1 48 of subjecting the property to a claim for rent
  1 49 accruing subsequent to the date of termination of the
  1 50 lease or rental agreement commits a simple
  2  1 misdemeanor."
  2  2    #2.  Title page, line 2, by inserting after the
  2  3 word "detention" the following:  "and providing a
  2  4 penalty".  
  2  5 
  2  6 
  2  7                               
  2  8 EICHHORN of Hamilton
  2  9 SF 359.502 80
  2 10 rh/pj
     

Text: H01284                            Text: H01286
Text: H01200 - H01299                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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