Termination
Termination by lessee
Joint leases
A lessee’s termination of a lease pursuant to this subsection shall terminate any obligation a dependent of the lessee may have under the lease.
Death of lessee
section 101(d) of title 10The spouse or dependent of the lessee on a lease described in subsection (b) may terminate the lease during the one-year period beginning on the date of the death of the lessee, if the lessee dies while in military service or while performing full-time National Guard duty, active Guard and Reserve duty, or inactive-duty training (as such terms are defined in ).
Catastrophic injury or illness of lessee
Termination
Definitions
Covered leases
Leases of premises
Leases of motor vehicles
Manner of termination
In general
Delivery of notice
Effective date of lease termination
Lease of premises
Entrance to military service, permanent change of station, or deployment
In the case of a lease described in subparagraph (A) or (B) of subsection (b)(1) that provides for monthly payment of rent, termination of the lease under subsection (a) is effective 30 days after the first date on which the next rental payment is due and payable after the date on which the notice under subsection (c) is delivered. In the case of any other lease described in subparagraphs (A) and (B) of subsection (b)(1) termination of the lease under subsection (a) is effective on the last day of the month following the month in which the notice is delivered.
Stop movement orders
In the case of a lease described in subsection (b)(1)(C), termination of the lease under subsection (a) is effective on the date on which the requirements of subsection (c) are met for such termination.
Lease of motor vehicles
In the case of a lease described in subsection (b)(2), termination of the lease under subsection (a) is effective on the day on which the requirements of subsection (c) are met for such termination.
Arrearages and other obligations and liabilities
Leases of premises
Rent amounts for a lease described in subsection (b)(1) that are unpaid for the period preceding the effective date of the lease termination shall be paid on a prorated basis. The lessor may not impose an early termination charge, but any taxes, summonses, or other obligations and liabilities of the lessee in accordance with the terms of the lease, including reasonable charges to the lessee for excess wear, that are due and unpaid at the time of termination of the lease shall be paid by the lessee.
Leases of motor vehicles
Lease amounts for a lease described in subsection (b)(2) that are unpaid for the period preceding the effective date of the lease termination shall be paid on a prorated basis. The lessor may not impose an early termination charge, but any taxes, summonses, title and registration fees, or other obligations and liabilities of the lessee in accordance with the terms of the lease, including reasonable charges to the lessee for excess wear or use and mileage, that are due and unpaid at the time of termination of the lease shall be paid by the lessee.
Rent paid in advance
Rents or lease amounts paid in advance for a period after the effective date of the termination of the lease shall be refunded to the lessee by the lessor (or the lessor’s assignee or the assignee’s agent) within 30 days of the effective date of the termination of the lease.
Relief to lessor
Upon application by the lessor to a court before the termination date provided in the written notice, relief granted by this section to a servicemember may be modified as justice and equity require.
Misdemeanor
Any person who knowingly seizes, holds, or detains the personal effects, security deposit, or other property of a servicemember or a servicemember’s dependent who lawfully terminates a lease covered by this section, or who knowingly interferes with the removal of such property from premises covered by such lease, for the purpose of subjecting or attempting to subject any of such property to a claim for rent accruing subsequent to the date of termination of such lease, or attempts to do so, shall be fined as provided in title 18, or imprisoned for not more than one year, or both.
Definitions
Military orders
The term “military orders”, with respect to a servicemember, means official military orders (including orders for separation or retirement), or any notification, certification, or verification from the servicemember’s commanding officer, with respect to the servicemember’s current or future military duty status.
ConUS
The term “continental United States” means the 48 contiguous States and the District of Columbia.
Permanent change of station
The term “permanent change of station” includes separation or retirement from military service.
Oct. 17, 1940, ch. 888Pub. L. 108–189, § 1117 Stat. 2848Pub. L. 108–454, title VII, § 704118 Stat. 3624Pub. L. 111–275, title III124 Stat. 2875Pub. L. 115–407, title III, § 301132 Stat. 5373Pub. L. 116–92, div. A, title V133 Stat. 1377Pub. L. 116–158, § 1(a)134 Stat. 706Pub. L. 116–283, div. A, title V, § 549134 Stat. 3620Pub. L. 116–315, title VII134 Stat. 5063(, title III, § 305, as added , , ; amended , , ; , §§ 301, 303(b)(5), , , 2878; , , ; , §§ 545, 546, , ; –(d), , , 707; , , ; , §§ 7201(a), 7202(a), , .)
Editorial Notes
Codification
Section was formerly classified to section 535 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
Prior Provisions
act Oct. 17, 1940, ch. 888Oct. 6, 1942, ch. 581, § 1256 Stat. 773Pub. L. 102–12, § 9(9)105 Stat. 40Pub. L. 108–189A prior section 305 of , art. III, as added , ; amended , , , related to protection of assignor of life insurance policy, enforcement of storage liens, and penalties, prior to the general amendment of this Act by . See sections 3957 and 3958 of this title.
Amendments
Pub. L. 116–283, § 549(b)2021—Subsec. (a)(3). , substituted “The spouse or dependent of the lessee” for “The spouse of the lessee”.
Pub. L. 116–283, § 549(a)section 439(g) of title 37section 101(d) of title 10Subsec. (a)(4). , amended par. (4) generally. Prior to amendment, text read as follows: “The spouse of the lessee on a lease described in subsection (b) may terminate the lease during the one-year period beginning on the date on which the lessee incurs a catastrophic injury or illness (as that term is defined in , if the lessee incurs the catastrophic injury or illness during a period of military service or while performing full-time National Guard duty, active Guard and Reserve duty, or inactive-duty training (as such terms are defined in ).”
Pub. L. 116–315, § 7202(a)Subsec. (b)(1)(C)(ii), (2)(C)(ii). , substituted “Secretary concerned” for “Secretary of Defense”.
Pub. L. 116–315, § 7201(a)Subsec. (c)(2)(D). , added subpar. (D).
Pub. L. 116–158, § 1(a)2020—Subsec. (a)(1)(C). , added subpar. (C).
Pub. L. 116–158, § 1(b)(1)Subsec. (b)(1)(C). , added subpar. (C).
Pub. L. 116–158, § 1(b)(2)Subsec. (b)(2)(C). , added subpar. (C).
Pub. L. 116–158, § 1(c)Subsec. (d)(1). , amended par. (1) generally. Prior to amendment, text read as follows: “In the case of a lease described in subsection (b)(1) that provides for monthly payment of rent, termination of the lease under subsection (a) is effective 30 days after the first date on which the next rental payment is due and payable after the date on which the notice under subsection (c) is delivered. In the case of any other lease described in subsection (b)(1), termination of the lease under subsection (a) is effective on the last day of the month following the month in which the notice is delivered.”
Pub. L. 116–158, § 1(d)Subsec. (i). , which directed amendment of subsec. (i) by inserting “In this section:” before par. (1) without specifying the section being amended, was executed to subsec. (i) of this section, to reflect the probable intent of Congress.
Pub. L. 116–92, § 545(b)2019—Subsec. (a)(3). , substituted “in subsection (b)” for “in subsection (b)(1)”.
Pub. L. 116–92, § 545(a)Subsec. (a)(4). , added par. (4).
Pub. L. 116–92, § 546(1)Subsec. (i)(1). , inserted “(including orders for separation or retirement)” after “official military orders”.
Pub. L. 116–92, § 546(2)Subsec. (i)(3). , added par. (3).
Pub. L. 115–407, § 301(1)2018—Subsec. (a). , struck out “by lessee” after “Termination” in heading.
Pub. L. 115–407, § 301(2)Subsec. (a)(1). , substituted “Termination by lessee” for “In general” in heading.
Pub. L. 115–407, § 301(3)Subsec. (a)(3). , added par. (3).
Pub. L. 111–275, § 3012010—Subsec. (e). , amended subsec. (e) generally. Prior to amendment, text read as follows: “Rents or lease amounts unpaid for the period preceding the effective date of the lease termination shall be paid on a prorated basis. In the case of the lease of a motor vehicle, the lessor may not impose an early termination charge, but any taxes, summonses, and title and registration fees and any other obligation and liability of the lessee in accordance with the terms of the lease, including reasonable charges to the lessee for excess wear, use and mileage, that are due and unpaid at the time of termination of the lease shall be paid by the lessee.”
Pub. L. 111–275, § 303(b)(5)Subsec. (h). , amended subsec. (h) generally. Prior to amendment, subsec. (h) related to penalties.
Pub. L. 108–454, § 704(a)2004—Subsec. (a). , amended subsec. (a) generally, designating existing provisions as par. (1), inserting par. heading, and adding par. (2).
Pub. L. 108–454, § 704(c)Subsec. (b)(1)(B). , inserted “, or as an individual in support of a military operation,” after “deploy with a military unit”.
Pub. L. 108–454, § 704(b)(1)Subsec. (b)(2)(B). , substituted “military orders—” for “military orders for a permanent change of station outside of the continental United States or to deploy”, added cl. (i), and inserted “(ii) to deploy” before “with a military unit”.
Pub. L. 108–454, § 704(c)Subsec. (b)(2)(B)(ii). , inserted “, or as an individual in support of a military operation,” after “deploy with a military unit”.
Pub. L. 108–454, § 704(b)(2)Subsec. (i). , added subsec. (i).
Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment
Pub. L. 116–315, title VII, § 7201(b)134 Stat. 5063
Pub. L. 116–315, title VII, § 7202(b)134 Stat. 5064
Effective Date of 2020 Amendment
Pub. L. 116–158, § 1(e)134 Stat. 708
Effective Date
section 3 of Pub. L. 108–189section 3901 of this titleSection applicable to any case not final before , see , set out as a note under .