§3955 — Title 50 War and National Defense | U.S. Code

Summary

Servicemembers (or the person who signed the lease before entering service) and certain family members can end some leases early when military duty makes keeping the lease impossible. This rule covers two kinds of leases: housing or similar places to live or work, and motor vehicle leases. You can end a housing lease if you signed before entering service, or if you sign while in service and later get orders to move or deploy for at least 90 days, or if you get orders and later get a stop-movement order that lasts at least 30 days. You can end a vehicle lease if you signed before entering service called for at least 180 days, or if you sign while in service and get orders to move outside the continental U.S. or to deploy for at least 180 days, or if you get a qualifying stop-movement order. If the servicemember dies while on covered duty, the spouse or dependent may end the lease within one year. If the servicemember has a catastrophic injury or illness during covered service, they may end the lease within one year, and if they cannot legally act, a spouse or dependent may end it. To end a lease you must give written notice and a copy of the military orders to the landlord or the landlord’s agent. For motor vehicles you must also return the vehicle within 15 days after giving notice. You may send the notice by hand, private carrier, mailed with return receipt, or by electronic means that reasonably ensure the landlord gets it. The lease ends on different dates depending on the lease type: many monthly housing leases end 30 days after the next rent due date after notice; some housing leases end on the last day of the month after the month you give notice; vehicle and some other leases end when the notice (and return for vehicles) requirements are met. Unpaid rent up to the end date is prorated and must be paid. No early termination fee may be charged, but the renter must pay taxes, fees, and reasonable charges for damage or excess wear (for vehicles this includes title, registration, and mileage charges). Any rent paid for time after the lease end must be refunded within 30 days. A landlord can ask a court before the end date to change these terms. Knowingly holding or seizing a servicemember’s property to try to collect rent after a lawful termination can lead to fines or up to one year in jail, or both. "Military orders" = official orders or written notice from a commanding officer about the service member’s duty. "Continental United States" = the 48 contiguous states and the District of Columbia. "Permanent change of station" = a move for military duty, and it also includes separation or retirement.

Title 50, §3955

War and National Defense — Source: USLM XML via OLRC

(a)(1)The lessee on a lease described in subsection (b) may, at the lessee’s option, terminate the lease at any time after—

(A)the lessee’s entry into military service;

(B)the date of the lessee’s military orders described in paragraph (1)(B) or (2)(B) of subsection (b), as the case may be; or

(C)the date of the lessee’s stop movement order described in paragraph (1)(C) or (2)(C) of subsection (b), as the case may be.

(2)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.

(3)The 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 section 101(d) of title 10).

(4)(A)If the lessee on a lease described in subsection (b) incurs a catastrophic injury or illness during a period of military service or while performing covered service, during the one-year period beginning on the date on which the lessee incurs such injury or illness—

(i)the lessee may terminate the lease; or

(ii)in the case of a lessee who lacks the mental capacity to contract or to manage his or her own affairs (including disbursement of funds without limitation) due to such injury or illness, the spouse or dependent of the lessee may terminate the lease.

(B)In this paragraph:

(i)The term “catastrophic injury or illness” has the meaning given that term in section 439(g) of title 37.

(ii)The term “covered service” means full-time National Guard duty, active Guard and Reserve duty, or inactive-duty training (as such terms are defined in section 101(d) of title 10).

(b)This section applies to the following leases:

(1)A lease of premises occupied, or intended to be occupied, by a servicemember or a servicemember’s dependents for a residential, professional, business, agricultural, or similar purpose if—

(A)the lease is executed by or on behalf of a person who thereafter and during the term of the lease enters military service;

(B)the servicemember, while in military service, executes the lease and thereafter receives military orders for a permanent change of station or to deploy with a military unit, or as an individual in support of a military operation, for a period of not less than 90 days; or

(C)the servicemember, while in military service—

(i)executes a lease upon receipt of military orders for a permanent change of station or to deploy with a military unit, or as an individual in support of a military operation, for a period of not less than 90 days; and

(ii)thereafter receives a stop movement order issued by the Secretary concerned in response to a local, national, or global emergency, effective for an indefinite period or for a period of not less than 30 days, which prevents the servicemember or servicemember’s dependents from occupying the lease for a residential, professional, business, agricultural, or similar purpose.

(2)A lease of a motor vehicle used, or intended to be used, by a servicemember or a servicemember’s dependents for personal or business transportation if—

(A)the lease is executed by or on behalf of a person who thereafter and during the term of the lease enters military service under a call or order specifying a period of not less than 180 days (or who enters military service under a call or order specifying a period of 180 days or less and who, without a break in service, receives orders extending the period of military service to a period of not less than 180 days);

(B)the servicemember, while in military service, executes the lease and thereafter receives military orders—

(i)for a change of permanent station—

(I)from a location in the continental United States to a location outside the continental United States; or

(II)from a location in a State outside the continental United States to any location outside that State; or

(ii)to deploy with a military unit, or as an individual in support of a military operation, for a period of not less than 180 days; or

(C)the servicemember, while in military service—

(i)executes a lease upon receipt of military orders described in subparagraph (B); and

(ii)thereafter receives a stop movement order issued by the Secretary concerned in response to a local, national, or global emergency, effective for an indefinite period or for a period of not less than 30 days, which prevents the servicemember, or the servicemember’s dependents, from using the vehicle for personal or business transportation.

(c)(1)Termination of a lease under subsection (a) is made—

(A)by delivery by the lessee of written notice of such termination, and a copy of the servicemember’s military orders, to the lessor (or the lessor’s grantee), or to the lessor’s agent (or the agent’s grantee); and

(B)in the case of a lease of a motor vehicle, by return of the motor vehicle by the lessee to the lessor (or the lessor’s grantee), or to the lessor’s agent (or the agent’s grantee), not later than 15 days after the date of the delivery of written notice under subparagraph (A).

(2)Delivery of notice under paragraph (1)(A) may be accomplished—

(A)by hand delivery;

(B)by private business carrier;

(C)by placing the written notice in an envelope with sufficient postage and with return receipt requested, and addressed as designated by the lessor (or the lessor’s grantee) or to the lessor’s agent (or the agent’s grantee), and depositing the written notice in the United States mails; or

(D)by electronic means, including—

(i)the direct delivery of material to an electronic address designated by the lessor (or the lessor’s grantee) or the lessor’s agent (or the agent’s grantee);

(ii)the posting of material to a website or other internet or electronic-based information repository to which access has been granted to the lessee, the lessor (or the lessor’s grantee), or the lessor’s agent (or the agent’s grantee); and

(iii)other electronic means reasonably calculated to ensure actual receipt of the material by the lessor (or the lessor’s grantee) or the lessor’s agent (or the agent’s grantee).

(d)(1)(A)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.

(B)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.

(2)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.

(e)(1)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.

(2)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.

(f)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.

(g)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.

(h)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.

(i)In this section:

(1)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.

(2)The term “continental United States” means the 48 contiguous States and the District of Columbia.

(3)The term “permanent change of station” includes separation or retirement from military service.

Notes & Related Subsidiaries

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

A prior section 305 of act Oct. 17, 1940, ch. 888, art. III, as added Oct. 6, 1942, ch. 581, § 12, 56 Stat. 773; amended Pub. L. 102–12, § 9(9), Mar. 18, 1991, 105 Stat. 40, related to protection of assignor of life insurance policy,

Enforcement

of storage liens, and penalties, prior to the general amendment of this Act by Pub. L. 108–189. See section 3957 and 3958 of this title.

Amendments

2021—Subsec. (a)(3). Pub. L. 116–283, § 549(b), substituted “The spouse or dependent of the lessee” for “The spouse of the lessee”. Subsec. (a)(4). Pub. L. 116–283, § 549(a), 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 section 439(g) of title 37, 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 section 101(d) of title 10).” Subsec. (b)(1)(C)(ii), (2)(C)(ii). Pub. L. 116–315, § 7202(a), substituted “Secretary concerned” for “Secretary of Defense”. Subsec. (c)(2)(D). Pub. L. 116–315, § 7201(a), added subpar. (D). 2020—Subsec. (a)(1)(C). Pub. L. 116–158, § 1(a), added subpar. (C). Subsec. (b)(1)(C). Pub. L. 116–158, § 1(b)(1), added subpar. (C). Subsec. (b)(2)(C). Pub. L. 116–158, § 1(b)(2), added subpar. (C). Subsec. (d)(1). Pub. L. 116–158, § 1(c), 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.” Subsec. (i). Pub. L. 116–158, § 1(d), 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. 2019—Subsec. (a)(3). Pub. L. 116–92, § 545(b), substituted “in subsection (b)” for “in subsection (b)(1)”. Subsec. (a)(4). Pub. L. 116–92, § 545(a), added par. (4). Subsec. (i)(1). Pub. L. 116–92, § 546(1), inserted “(including orders for separation or retirement)” after “official military orders”. Subsec. (i)(3). Pub. L. 116–92, § 546(2), added par. (3). 2018—Subsec. (a). Pub. L. 115–407, § 301(1), struck out “by lessee” after “Termination” in heading. Subsec. (a)(1). Pub. L. 115–407, § 301(2), substituted “Termination by lessee” for “In general” in heading. Subsec. (a)(3). Pub. L. 115–407, § 301(3), added par. (3). 2010—Subsec. (e). Pub. L. 111–275, § 301, 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.” Subsec. (h). Pub. L. 111–275, § 303(b)(5), amended subsec. (h) generally. Prior to amendment, subsec. (h) related to penalties. 2004—Subsec. (a). Pub. L. 108–454, § 704(a), amended subsec. (a) generally, designating existing provisions as par. (1), inserting par. heading, and adding par. (2). Subsec. (b)(1)(B). Pub. L. 108–454, § 704(c), inserted “, or as an individual in support of a military operation,” after “deploy with a military unit”. Subsec. (b)(2)(B). Pub. L. 108–454, § 704(b)(1), 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”. Subsec. (b)(2)(B)(ii). Pub. L. 108–454, § 704(c), inserted “, or as an individual in support of a military operation,” after “deploy with a military unit”. Subsec. (i). Pub. L. 108–454, § 704(b)(2), added subsec. (i).

Statutory Notes and Related Subsidiaries

Effective Date

of 2021 Amendment Pub. L. 116–315, title VII, § 7201(b), Jan. 5, 2021, 134 Stat. 5063, provided that: “The

Amendments

made by subsection (a) [amending this section] shall apply to delivery of notice of lease terminations on or after the date the enactment of this Act [Jan. 5, 2021].” Pub. L. 116–315, title VII, § 7202(b), Jan. 5, 2021, 134 Stat. 5064, provided that: “The

Amendments

made by this section [amending this section] shall apply to stop movement orders issued on or after March 1, 2020.”

Effective Date

of 2020 Amendment Pub. L. 116–158, § 1(e), Aug. 14, 2020, 134 Stat. 708, provided that: “The

Amendments

made by this section [amending this section] shall apply to stop movement orders issued on or after March 1, 2020.”

Effective Date

Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.

§3955 Termination of residential or motor vehicle leases

Summary

Title 50, §3955

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Enforcement

Amendments

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Statutory Notes and Related Subsidiaries

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Amendments

Amendments

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