2013 -- H 5165 SUBSTITUTE A

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO MILITARY AFFAIRS - LEASE TERMINATIONS FOR ACTIVE DUTY

MILITARY

     Introduced By: Representatives Gallison, Azzinaro, Messier, Marshall, and Fellela

     Date Introduced: January 24, 2013

     Referred To: House Veterans` Affairs

It is enacted by the General Assembly as follows:

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     SECTION 1. Title 6 of the General Laws entitled "Commercial Law - General

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Regulatory Provisions" is hereby amended by adding thereto the following chapter:

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     CHAPTER 54

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MILITARY LEASES OF MOTOR VEHICLES

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     6-54-1. Lease of motor vehicle by active duty armed forces member - Unilateral

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termination of lease under certain circumstances. – (a) A lease of a motor vehicle used, or

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intended to be used, by a servicemember, or a servicemember's dependents, may be unilaterally

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terminated if:

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     (1) The lease is executed by or on behalf of a person who thereafter, and during the term

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of the lease, enters military service under a call or order specifying a period of not less than one

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hundred eighty (180) days, or who enters military service under a call or order specifying a period

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of one hundred eighty (180) days or less, and who, without a break in service, receives orders

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extending the period of military service to a period of not less than one hundred eighty (180)

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days; or

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     (2) The servicemember, while in military service, executes the lease and thereafter

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receives military orders for a change of permanent station to a location outside the continental

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United States or to deploy with a military unit, or as an individual in support of a military

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operation, for a period of not less than one hundred eighty (180) days.

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     (b) The date of the termination of the lease shall be effective only upon:

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     (1) The delivery of written notice of the termination from the lessee and a copy of the

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servicemember's military orders to the lessor (or the lessor's grantee), or to the lessor's agent (or

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the agent's grantee); and

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     (2) The motor vehicle is returned by the lessee to the lessor (or the lessor's grantee), or to

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the lessor's agent (or the agent's grantee), not later than fifteen (15) days after the date of the

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delivery of written notice.

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     (c) Upon termination, the lessor may not impose an early termination charge, but the

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lessee shall be responsible for the prorated amount of the lease due for the period preceding the

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effective date of the lease termination. Along with any taxes, summonses, title, and registration

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fees, or other obligations and liabilities of the lessee in accordance with the terms of the lease,

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including reasonable charges to the lessee for excess wear or use and mileage, that are due and

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unpaid at the time of termination of the lease.

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     (d) Joint leases. A lessee's termination of a lease pursuant to this section shall terminate

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any obligation a dependent of the lessee may have under the lease.

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     SECTION 2. Section 34-18-15 of the General Laws in Chapter 34-18 entitled

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"Residential Landlord and Tenant Act" is hereby amended to read as follows:

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     34-18-15. Terms and conditions of rental agreement. -- (a) A landlord and a tenant

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may include in a rental agreement terms and conditions not prohibited by this chapter or other

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rule of law, including rent, term of the agreement, and other provisions governing the rights and

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obligations of the parties.

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      (b) In absence of agreement, the tenant shall pay as rent the fair rental value for the use

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and occupancy of the dwelling unit.

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      (c) Rent is payable without demand or notice at the time and place agreed upon by the

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parties. Unless otherwise agreed, rent is payable at the dwelling unit and periodic rent is payable

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at the beginning of any term of one month or less and otherwise in equal monthly installments at

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the beginning of each month. Unless otherwise agreed, rent is uniformly apportionable from day-

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to-day.

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      (d) Unless the rental agreement fixes a definite term, the tenancy is week-to-week in case

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of a roomer who pays weekly rent, and in all other cases month to month.

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      (e) A tenant who is sixty-five (65) years of age or older or who will turn sixty-five (65)

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during the term of a rental agreement for a dwelling unit may terminate such a rental agreement

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in order to enter a residential care and assisted living facility, as defined in section 23-17.4-2, a

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nursing facility, or a unit in a private or public housing complex designated by the federal

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government as housing for the elderly. The tenant may terminate the rental agreement by notice

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given in writing to the usual person to whom rental payments are made. The notice shall be

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accompanied by documentation of admission or pending admission to a facility or housing

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complex described in this section. Termination of the rental agreement shall be effective no

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earlier than forty-five (45) days after the first rental payment due date following delivery of

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written notice of termination.

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     (f)(1) A lease of premises occupied, or intended to be occupied, by a servicemember or a

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servicemember's dependents may be unilaterally terminated if:

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     (i) The lease is executed by or on behalf of a person who, thereafter, and during the term

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of the lease, enters military service; or

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     (ii) The servicemember, while in military service, executes the lease and thereafter

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receives military orders for a change of permanent station or to deploy with a military unit, or as

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an individual in support of a military operation, for a period of not less than ninety (90) days; and

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     (iii) The lessee delivers to the lessor (or the lessor's grantee), or to the lessor's agent (or

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the agent's grantee), written notice of the termination, and a copy of the servicemember's military

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orders.

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     (2) Effective date of lease termination. In the event that a lease provides for monthly

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payment of rent, termination of the lease under this section is effective thirty (30) days after the

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first date on which the next rental payment is due and payable after the date of which the notice is

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delivered.

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     (3) In the case of any other lease, termination of the lease is effective on the last day of

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the month following the month in which the notice is delivered.

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     (4) The lessee shall be responsible for rent amounts of the lease that are unpaid for the

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period preceding the effective date of the lease termination on a prorated basis. The lessor may

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not impose an early termination charge, but any taxes, summonses, or other obligations and

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liabilities of the lessee in accordance with the terms of the lease, including reasonable charges to

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the lessee for excess wear, that are due and unpaid at the time of termination of the lease, shall be

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paid by the lessee.

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     (5) Rent paid in advance. Rents or lease amounts paid in advance for a period after the

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effective date of the termination of the lease shall be refunded to the lessee by the lessor (or the

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lessor's assignee or the assignee's agent) within thirty (30) days of the effective date of the

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termination of the lease.

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     (6) A lessee's termination of a lease pursuant to this section shall terminate any obligation

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a dependent of the lessee may have under the lease.

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     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO MILITARY AFFAIRS - LEASE TERMINATIONS FOR ACTIVE DUTY

MILITARY

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     This act would determine the time frames for termination of leases of vehicles and real

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estate for active duty members of the armed forces or members of the national guard or reserves.

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     This act would take effect upon passage.

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