I 

108TH CONGRESS 

1ST SESSION H. R. 3024

To amend the Soldiers’ and Sailors’ Civil Relief Act of 1940 to provide 

protections to servicemembers who terminate motor vehicle or residential 

leases entered into before permanent change of station or deployment 

orders or motor vehicle leases entered into before military service. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 5, 2003

Mr. BUYER introduced the following bill; which was referred to the Committee 

on Veterans’ Affairs 

A BILL

To amend the Soldiers’ and Sailors’ Civil Relief Act of 1940 

to provide protections to servicemembers who terminate 

motor vehicle or residential leases entered into before 

permanent change of station or deployment orders or 

motor vehicle leases entered into before military service.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. TERMINATION OF RESIDENTIAL OR MOTOR VE4 HICLE LEASES. 

5 Section 304 of the Soldiers’ and Sailors’ Civil Relief 

6 Act of 1940 (50 U.S.C. App. 534) is amended to read 

7 as follows: 
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1 ‘‘SEC. 304. TERMINATION BY LESSEES OF RESIDENTIAL OR 

2 MOTOR VEHICLE LEASES ENTERED INTO BE3 FORE MILITARY SERVICE OR BEFORE PER4 MANENT CHANGE OF STATION OR DEPLOY5 MENT ORDERS. 

6 ‘‘(a) TERMINATION BY LESSEE.—The lessee on a 

7 lease described in subsection (b) may, at the lessee’s op8 tion, terminate the lease at any time after—

9 ‘‘(1) the lessee’s entry into military service; or 

10 ‘‘(2) the date of the lessee’s military orders de11 scribed in paragraph (1)(B) or (2)(B) of subsection 

12 (b), as the case may be. 

13 ‘‘(b) COVERED LEASES.—This section applies to the 

14 following leases: 

15 ‘‘(1) LEASES OF PREMISES.—A lease of prem16 ises occupied, or intended to be occupied, by a 

17 servicemember or a servicemember’s dependents for 

18 a residential, professional, business, agricultural, or 

19 similar purpose if—

20 ‘‘(A) the lease is executed by or on behalf 

21 of a person who thereafter and during the term 

22 of the lease enters military service; or 

23 ‘‘(B) the servicemember, while in military 

24 service, executes the lease and thereafter re25 ceives military orders for a permanent change 
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1 of station or to deploy with a military unit for 

2 a period of not less than 90 days. 

3 ‘‘(2) LEASES OF MOTOR VEHICLES.—A lease of 

4 a motor vehicle used, or intended to be used, by a 

5 servicemember or a servicemember’s dependents for 

6 personal or business transportation if—

7 ‘‘(A) the lease is executed by or on behalf 

8 of a person who thereafter and during the term 

9 of the lease enters military service under a call 

10 or order specifying a period of not less than 

11 180 days (or who enters military service under 

12 a call or order specifying a period of 180 days 

13 or less and who, without a break in service, re14 ceives orders extending the period of military 

15 service to a period of not less than 180 days); 

16 or 

17 ‘‘(B) the servicemember, while in military 

18 service, executes the lease and thereafter re19 ceives military orders for a permanent change 

20 of station outside of the continental United 

21 States or to deploy with a military unit for a 

22 period of not less than 180 days. 

23 ‘‘(c) MANNER OF TERMINATION.—

24 ‘‘(1) IN GENERAL.—Termination of a lease 

25 under subsection (a) is made—
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1 ‘‘(A) by delivery by the lessee of written 

2 notice of such termination to the lessor (or the 

3 lessor’s grantee), or to the lessor’s agent (or the 

4 agent’s grantee); and 

5 ‘‘(B) in the case of a lease of a motor vehi6 cle, by return of the motor vehicle by the lessee 

7 to the lessor not later than 10 days after the 

8 date of the delivery of notice under subpara9 graph (A). 

10 ‘‘(2) NATURE OF NOTICE.—Delivery of notice 

11 under paragraph (1)(A) may be accomplished—

12 ‘‘(A) by hand delivery; 

13 ‘‘(B) by private business carrier; or 

14 ‘‘(C) by placing the written notice in an 

15 envelope with sufficient postage and with return 

16 receipt requested, and addressed as designated 

17 by the lessor (or the lessor’s grantee) or to the 

18 lessor’s agent (or the agent’s grantee), and de19 positing the written notice in the United States 

20 mails. 

21 ‘‘(d) EFFECTIVE DATE OF LEASE TERMINATION.—

22 ‘‘(1) LEASE OF PREMISES.—In the case of a 

23 lease described in subsection (b)(1) that provides for 

24 monthly payment of rent, termination of the lease 

25 under subsection (a) is effective 30 days after the 
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1 first date on which the next rental payment is due 

2 and payable after the date on which the notice under 

3 subsection (c) is delivered. In the case of any other 

4 lease described in subsection (b)(1), termination of 

5 the lease under subsection (a) is effective on the last 

6 day of the month following the month in which the 

7 notice is delivered. 

8 ‘‘(2) LEASE OF MOTOR VEHICLES.—In the case 

9 of a lease described in subsection (b)(2), termination 

10 of the lease under subsection (a) is effective on the 

11 day on which the requirements of subsection (c) are 

12 met for such termination. 

13 ‘‘(e) ARREARAGES AND OTHER OBLIGATIONS AND

14 LIABILITIES.—Rents or lease amounts unpaid for the pe15 riod preceding the effective date of the lease termination 

16 shall be paid on a prorated basis. In the case of the lease 

17 of a motor vehicle, the lessor may not impose an early 

18 termination charge, but any taxes, summonses, and title 

19 and registration fees and any other obligation and liability 

20 of the lessee in accordance with the terms of the lease, 

21 including reasonable charges to the lessee for excess wear, 

22 use and mileage, that are due and unpaid at the time of 

23 termination of the lease shall be paid by the lessee. 

24 ‘‘(f) RENT PAID IN ADVANCE.—Rents or lease 

25 amounts paid in advance for a period after the effective 
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1 date of the termination of the lease shall be refunded to 

2 the lessee by the lessor (or the lessor’s assignee or the 

3 assignee’s agent). 

4 ‘‘(g) RELIEF TO LESSOR.—Upon application by the 

5 lessor to a court before the termination date provided in 

6 the written notice, relief granted by this section to a 

7 servicemember may be modified as justice and equity re8 quire. 

9 ‘‘(h) PENALTIES.—

10 ‘‘(1) MISDEMEANOR.—Any person who know11 ingly seizes, holds, or detains the personal effects, 

12 security deposit, or other property of a 

13 servicemember or a servicemember’s dependent who 

14 lawfully terminates a lease covered by this section, 

15 or who knowingly interferes with the removal of such 

16 property from premises covered by such lease, for 

17 the purpose of subjecting or attempting to subject 

18 any of such property to a claim for rent accruing 

19 subsequent to the date of termination of such lease, 

20 or attempts to do so, shall be fined as provided in 

21 title 18, United States Code, or imprisoned for not 

22 more than one year, or both. 

23 ‘‘(2) PRESERVATION OF OTHER REMEDIES.—

24 The remedy and rights provided under this section 

25 are in addition to and do not preclude any remedy 
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1 for wrongful conversion otherwise available under 

2 law to the person claiming relief under this section, 

3 including any award for consequential or punitive 

4 damages.’’.

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