SENATE AMENDMENT
    Bill No. CS for SB 838   Barcode 112412
    Amendment No. ___
                            CHAMBER ACTION
              Senate                               House
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       03/27/2001 09:44 AM         .                    
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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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    9:21 AM   03/27/01                              s0838c1c-01101
                                                  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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26  ================ T I T L E   A M E N D M E N T ===============
27  And the title is amended as follows:
28         On page 1, line 14, after the second semicolon
29  
30  insert:
31         providing for termination of a rental agreement
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    9:21 AM   03/27/01                              s0838c1c-01101
                                                  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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    9:21 AM   03/27/01                              s0838c1c-01101