2013 -- S 0042

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LC00104

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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: Senators DiPalma, Felag, Ottiano, Pichardo, and Satchell

     Date Introduced: January 16, 2013

     Referred To: Senate Judiciary

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 lease of a motor vehicle used, or

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intended to be used, by an active duty member of the armed forces of the United States or a

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member of the National Guard or Reserves may be unilaterally terminated by the member;

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provided, that:

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     (1) Said member of the armed forces of the United States or member of the national

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Guard or Reserves receives military orders for a permanent change of station or to deploy with a

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military unit for a period of not less than one hundred-eighty (180) days; and

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     (2) A written notice of such termination and a copy of official orders or a letter signed by

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the lessee's commanding officer reflecting the change which warrants termination under this

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section; and

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     (3) The motor vehicle is returned within fifteen (15) days of the delivery of the written

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notice.

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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 tenant who is or becomes an active duty member of the armed forces of the

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United States or a member of the National Guard or Reserves and subsequently receives military

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orders for a permanent change of station or to deploy with a military unit for a period of not less

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than ninety (90) days, may terminate the rental agreement by notice given in writing to the usual

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person to whom rental payments are made. The notice shall be accompanied by a copy of official

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orders or a letter signed by the tenant's commanding officer reflecting the change which warrants

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termination under this clause. Termination of the rental agreement shall be effective thirty (30)

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days after the delivery of written notice of termination.

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     (2) In the event that there is more than one tenant who is or becomes an active duty

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member of the armed forces of the United States or a member of the National Guard or Reserves,

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and any of the military tenants receive military orders for a permanent change of station or to

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deploy with a military unit for a period of not less than ninety (90) days, the landlord shall give

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the remaining tenants the option of terminating the entire lease, with a written notice

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accompanied by a copy of official orders or a letter signed by the tenant's commanding officer,

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reflecting the change which warrants termination under this clause. Termination of the rental

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agreement shall be effective thirty (30) days after delivery of written notice of termination.

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     SECTION 3. This act shall take effect upon passage.

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LC00104

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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 time frames for termination of leases for active duty members

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of the armed forces.

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     This act would take effect upon passage.

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LC00104

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