55-702. Servicemember; termination of contract or lease; notice; refund of fees or charges; section, how construed.

612 words·~3 min read·/ne/chapter-55/55-702

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(1)In addition to the rights and protections regarding consumer transactions, contracts, and service providers included under the federal Servicemembers Civil Relief Act, a servicemember may terminate a contract described in subsection

(2)of this section at any time after the date the servicemember receives military orders to relocate for a period of service of at least ninety days to a location that is not included in or covered under the contract.

(2)This section applies to any contract to provide:

(a)Telecommunications services;

(b)Internet services;

(c)Television services;

(d)Athletic club or gym memberships;

(e)Satellite radio services; or

(f)A lease of residential rental property, notwithstanding any provision to the contrary in the Uniform Residential Landlord and Tenant Act or any other provision of law, if the servicemember is required to move into government-owned or leased housing. This subdivision does not apply to a lease of residential rental property in which a spouse of a servicemember is a tenant in such residential rental property and government-owned or leased housing is not available to such spouse.

(3)Termination of a contract must be made by delivery of a written or electronic notice of the termination and a copy of the servicemember's military orders to the service provider or lessor.

(4)For any contract terminated under this section, the service provider or lessor under the contract shall not impose an early termination charge.

(5)Any tax or any other obligation or liability of the servicemember that, in accordance with the terms of the contract, is due and unpaid at the time of termination of the contract shall be paid by the servicemember.

(6)If after termination provided under this section the servicemember resubscribes to a service provided under a contract described in subdivisions (2)(a) through

(e)of this section or reenters into a lease under a contract described in subdivision (2)(f) of this section during the ninety-day period immediately following the servicemember's return from service, the service provider or lessor may not impose any service fees or charges other than the usual and customary fees and charges imposed on any other subscriber for the installation or acquisition of customer equipment or imposed on any other lessee for the rental of residential real property. A servicemember may not be charged a penalty, fee, loss of deposit, or any other additional cost because of such termination, resubscription, or rerental.

(7)Not later than sixty days after the effective date of the termination of a contract described in subsection

(2)of this section, the service provider or lessor under the contract shall refund to the servicemember all fees or charges paid for services or rental that extend past the termination date of the contract. Upon the termination of a rental agreement described in subdivision (2)(f) of this section, the servicemember is entitled to the return of any deposit or prepaid rent subject to section 76-1416 .

(8)In the case of a rental agreement described in subdivision (2)(f) of this section that provides for monthly payment of rent, termination of the rental agreement is effective thirty days after the first date on which the next rental payment is due and payable after the date on which the notice of termination under subsection

(3)of this section is delivered. In the case of any other rental agreement described in subdivision (2)(f) of this section, termination of the rental agreement is effective on the last day of the month following the month in which the notice of termination is delivered.

(9)This section shall not be construed so as to impair or affect the obligation of any lawful contract in existence prior to July 19, 2018.