55-248.21:1 - Early termination of rental agreement by military personnel
§ 55-248.21:1. Early termination of rental agreement by military personnel.
A. Any member of the armed forces of the United States or a member of theNational Guard serving on full-time duty or as a Civil Service technicianwith the National Guard may, through the procedure detailed in subsection B,terminate his rental agreement if the member (i) has received permanentchange of station orders to depart 35 miles or more (radius) from thelocation of the dwelling unit; (ii) has received temporary duty orders inexcess of three months' duration to depart 35 miles or more (radius) from thelocation of the dwelling unit; (iii) is discharged or released from activeduty with the armed forces of the United States or from his full-time duty ortechnician status with the National Guard; or (iv) is ordered to report togovernment-supplied quarters resulting in the forfeiture of basic allowancefor quarters.
B. Tenants who qualify to terminate a rental agreement pursuant to subsectionA shall do so by serving on the landlord a written notice of termination tobe effective on a date stated therein, such date to be not less than 30 daysafter the first date on which the next rental payment is due and payableafter the date on which the written notice is given. The termination dateshall be no more than 60 days prior to the date of departure necessary tocomply with the official orders or any supplemental instructions for interimtraining or duty prior to the transfer. Prior to the termination date, thetenant shall furnish the landlord with a copy of the official notification ofthe orders or a signed letter, confirming the orders, from the tenant'scommanding officer.
The landlord may not charge any liquidated damages.
C. Nothing in this section shall affect the tenant's obligations establishedby § 55-248.16.
D. The exemption provided in subdivision 10 of subsection A of § 55-248.5shall not apply to this section.
(1977, c. 427; 1978, c. 104; 1982, c. 260; 1983, c. 241; 1986, c. 29; 1988,c. 184; 2000, c. 760; 2002, c. 760; 2005, c. 742; 2006, c. 667; 2007, c. 252.)