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 -1-