1. As used in this section, "lease" or "rental agreement" means any lease or rental agreement covering premises occupied for dwelling, professional, business, agricultural, or similar purposes if both of the following conditions are met:
a. The lease or rental agreement was executed by or on behalf of a service member who, after the execution of the lease or rental agreement, entered military service.
b. The service member or the service member's dependents occupy the premises for the purposes set forth in this subsection.
2. a. A service member may terminate a lease or rental agreement by providing written notice to the lessor or the lessor's agent at any time following the date of the beginning of the service member's period of military service. The notice may be delivered by placing it in an envelope properly stamped and addressed to the lessor or the lessor's agent and depositing the notice in the United States mail.
b. Termination of a month-to-month lease or rental agreement shall not be effective until thirty days after the first day on which the next rental payment is due and payable after the date when notice is delivered or mailed. As to all other leases or rental agreements, termination shall be effective on the last day of the month following the month in which notice is delivered or mailed. Any unpaid rent for the period preceding the termination in such cases shall be computed on a pro rata basis and any rent paid in advance after termination shall be refunded by the lessor or the lessor's agent.
c. Upon application by the lessor and prior to the termination period provided in the notice, a court may modify or restrict any relief granted in this subsection as the interests of justice and equity require.
3. A person who knowingly seizes, holds, or detains the personal effects, clothing, furniture, or other property of any person who has lawfully terminated a lease or rental agreement covered under this section or who interferes in any manner with the removal of property from the premises for the purposes of subjecting the property to a claim for rent accruing subsequent to the date of termination of the lease or rental agreement commits a simple misdemeanor.
2003 Acts, ch 154, §1
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