Title: S.L. 1987-478
Category: Session Law

GENERAL ASSEMBLY OF NORTH CAROLINA
1987 SESSION

CHAPTER 478
HOUSE BILL 1064

AN ACT TO PROVIDE FOR EARLY TERMINATION OF RESIDENTIAL RENTAL AGREEMENTS BY MILITARY PERSONNEL IN CERTAIN CIRCUMSTANCES.

The General Assembly of North Carolina enacts:

Section 1.  Article 5 of Chapter 42 of the General Statutes is amended by adding a new section to read:
"§ 42-45.  Early termination of rental agreement by military personnel.–(a) Any member of the United States Armed Forces 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 United States Armed Forces, may terminate his 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.
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.  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.
(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.
(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."
Sec. 2.  This act shall become effective October 1, 1987, and applies to rental agreements executed or renewed on or after that date.
In the General Assembly read three times and ratified this the 25th day of June, 1987.

Page 	S.L. 1987-478	House  Bill 1064

House  Bill 1064	S.L. 1987-478	Page