SENATE AMENDMENT
Bill No. CS for SB 838 Barcode 112412
Amendment No. ___
CHAMBER ACTION
Senate House
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11 Senator Peaden moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 7, between lines 26 and 27,
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16 insert:
17 Section 7. (1) Any member of the United States Armed
18 Forces who is required to move pursuant to permanent change of
19 station orders to depart 50 miles or more from the location of
20 a rental premise or is prematurely or involuntarily discharged
21 or released from active duty with the United States Armed
22 Forces, may terminate his rental agreement by providing the
23 landlord with a written notice of termination to be effective
24 on the date stated in the notice that is at least 30 days
25 after the landlord's receipt of the notice. The notice to the
26 landlord must be accompanied by either a copy of the official
27 military orders or a written verification signed by the
28 member's Commanding Officer.
29 (2) Upon termination of a rental agreement under this
30 section, the tenant is liable for the rent due under the
31 rental agreement prorated to the effective date of the
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SENATE AMENDMENT
Bill No. CS for SB 838 Barcode 112412
Amendment No. ___
1 termination payable at such time as would have otherwise been
2 required by the terms of the rental agreement. The tenant is
3 not liable for any other rent or damages due to the early
4 termination of the tenancy except the liquidated damages
5 provided in this section. If a member terminates the rental
6 agreement pursuant to this section, 14 or more days prior to
7 occupancy, no damages or penalties of any kind are due.
8 (3) In consideration of early termination of the
9 rental agreement, the tenant is liable to the landlord for
10 liquidated damages provided the tenant has completed less than
11 nine months of the tenancy and the landlord has suffered
12 actual damages due to loss of the tenancy. The liquidated
13 damages must be no greater than one month's rent if the tenant
14 has completed less than six months of the tenancy as of the
15 effective date of termination, or one-half of one month's rent
16 if the tenant has completed at least six but not less than
17 nine months of the tenancy as of the effective date of
18 termination.
19 (4) The provisions of this section may not be waived
20 or modified by the agreement of the parties under any
21 circumstances.
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23 (Redesignate subsequent sections.)
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27 And the title is amended as follows:
28 On page 1, line 14, after the second semicolon
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30 insert:
31 providing for termination of a rental agreement
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SENATE AMENDMENT
Bill No. CS for SB 838 Barcode 112412
Amendment No. ___
1 by a member of the United States Armed Forces;
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