311-A - Termination of motor vehicle lease contracts.

§  311-a.  Termination  of  motor  vehicle  lease  contracts.  1.  The  provisions of this section shall apply to every lease of a motor vehicle  for personal, professional, business, agricultural or  similar  purposes  in  any  case  in which (a) such lease was executed by or on behalf of a  person who, after the execution of such lease, entered  active  military  service,  and  (b)  the  motor  vehicle so leased has been used for such  purposes, or for a combination of such purposes by such person or his or  her legal dependents.    The provision of this section shall also apply to any lease covering a  motor vehicle used for personal purposes where such lease  was  executed  by or on the behalf of a person, who, after the execution of such lease,  entered active military service where such lease was also executed by or  on the behalf of the spouse of such a person.    2.  All  leases  described  in  subdivision one of this section may be  terminated by notice in writing  delivered  to  the  lessor  or  to  the  lessor's  agent  by  a  lessee  at  any  time  following the date of the  beginning of such active military service. Delivery of such notice shall  be accomplished by certified mail duly addressed to the lessor or to the  lessor's agent. Termination of any  such  lease  providing  for  monthly  lease  payments  shall not be effective until: (a) thirty days after the  first date on which the next lease payment is due and payable subsequent  to the date when such notice is delivered;  or  (b)  the  motor  vehicle  subject  to  the  lease is returned to the custody or the control of the  lessor, whichever is later. In the case of all motor vehicle leases, any  unpaid lease payments  for  a  period  preceding  termination  shall  be  proratably  computed and any lease payments made in advance for a period  succeeding termination shall be refunded by the lessor. Upon application  by the lessor  to  a  court  of  competent  jurisdiction  prior  to  the  termination  period  provided  for  in the notice, any relief granted in  this subdivision shall be subject to such modifications or  restrictions  as  in  the  opinion of such court may be appropriate in the interest of  justice.