Bill Text: NC S401 | 2017-2018 | Regular Session | Amended
Bill Title: Early Rental Termination by Military Members
Sponsorship: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2017-03-28 - Ref To Com On Rules and Operations of the Senate [S401 Detail]
Download: North_Carolina-2017-S401-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
S 1
SENATE BILL 401*
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Short Title: Early Rental Termination by Military Members. |
(Public) |
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Sponsors: |
Senators Britt, J. Jackson (Primary Sponsors); and Daniel. |
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Referred to: |
Rules and Operations of the Senate |
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March 28, 2017
A BILL TO BE ENTITLED
AN ACT to add additional protections for active and reserve national guard members, military technicians, and their family members upon early termination of a rental agreement.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 42‑45 reads as rewritten:
"§ 42‑45. Early termination of rental agreement by military personnel, surviving family members, or lawful representative.
(a) Any member of the Armed
Forces of the United States States, active and reserve National Guard
member under Title 32 of the United States Code, or military technician under
section 709 of Title 32 of the United States Code who (i) is required to
move pursuant to permanent change of station orders to depart 50 miles or more
from the location of the dwelling unit, or (ii) is prematurely or involuntarily
discharged or released from active duty with the Armed Forces of the United
States, may terminate the member's rental agreement for a dwelling unit by
providing the landlord with a written notice of termination to be effective on
a date stated in the notice that is at least 30 days after the landlord's
receipt of the notice. The notice to the landlord must be accompanied by either
a copy of the official military orders or a written verification signed by the
member's commanding officer.
(a1) Any member of the Armed
Forces of the United States States, active and reserve National Guard
member under Title 32 of the United States Code, or military technician under
section 709 of Title 32 of the United States Code who is deployed with a
military unit for a period of not less than 90 days may terminate the member's
rental agreement for a dwelling unit by providing the landlord with a written
notice of termination. The notice to the landlord must be accompanied by either
a copy of the official military orders or a written verification signed by the
member's commanding officer. Termination of a lease pursuant to this subsection
is effective 30 days after the first date on which the next rental payment is
due or 45 days after the landlord's receipt of the notice, whichever is
shorter, and payable after the date on which the notice of termination is
delivered.
(a2) Upon termination of a
rental agreement under this section, the tenant is liable for the rent due
under the rental agreement prorated to the effective date of the termination
payable at such time as would have otherwise been required by the terms of the
rental agreement. The tenant is not liable for any other rent or damages due to
the early termination of the tenancy except the liquidated damages provided
in subsection (b) of this section. tenancy. If a member terminates
the rental agreement pursuant to this section 14 or more days prior to
occupancy, no damages or penalties of any kind shall be due.
(a3) If a member of the Armed
Forces of the United States States, active and reserve National Guard
member under Title 32 of the United States Code, or military technician under
section 709 of Title 32 of the United States Code dies while on active
duty, then an immediate family member, or a lawful representative of the
member's estate, may terminate the member's rental agreement for a dwelling
unit by providing the landlord with a written notice of termination to be
effective on the date described in subsection (a1) of this section. A copy of
the death certificate, official military personnel casualty report, or letter
from the commanding officer verifying the member's death must accompany the
notice for this subsection to be effective. Termination of the member's lease
obligations under this subsection shall also terminate the lease obligations of
any cotenants who are immediate family members. If the member was a cotenant
with a person who is not an immediate family member, then the termination shall
relate only to the obligation of the member under the rental agreement. The
prorated charges in subsection (a2) of this section and the liquidated damages
provisions of subsection (b) of this section shall apply to any claims against
the member's estate.
(b) In consideration of early termination of the
rental agreement, the tenant is liable to the landlord for liquidated damages
provided the tenant has completed less than nine months of the tenancy and the
landlord has suffered actual damages due to loss of the tenancy. The liquidated
damages shall be in an amount no greater than one month's rent if the tenant
has completed less than six months of the tenancy as of the effective date of
termination, or one‑half of one month's rent if the tenant has completed
at least six but less than nine months of the tenancy as of the effective date
of termination.
(b1) Rent amounts for a lease described in this section that are unpaid for the period preceding the effective date of the lease termination shall be paid on a prorated basis. The landlord may not impose an early termination charge, however, the tenant shall be liable for any other obligations established according to the terms of the lease, including reasonable charges for excess wear and tear, that are due upon termination of the lease.
(c) The provisions of this section may not be waived or modified by the agreement of the parties under any circumstances. Nothing in this section shall affect the rights established by G.S. 42‑3."
SECTION 2. This act is effective when it becomes law and applies to lease agreements entered into or renewed on or after that date.
