House Amendment 1285


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

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