North Carolina General Statutes 42A-37. Early termination of vacation rental agreement by military personnel
Terms Used In North Carolina General Statutes 42A-37
- Dependent: A person dependent for support upon another.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- United States: shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
(a) Any member of the Armed Forces of the United States who executes a vacation rental agreement and subsequently receives (i) an order for deployment with a military unit for a period overlapping with the rental period or (ii) permanent change of station orders requiring the member to relocate on a date prior to the beginning of the lease term may terminate the member’s vacation rental agreement by providing the landlord or landlord’s agent with a written notice of termination within 10 calendar days of receipt of the order. The notice must be accompanied by either a copy of the official military orders or a written verification signed by the member’s commanding officer. Termination of a lease pursuant to this subsection is effective immediately upon receipt of the notice by the landlord or landlord’s agent. All monies paid by the terminating member, with the exception of nonrefundable fees paid to third parties as described in N.C. Gen. Stat. § 42-16, in connection with the vacation rental agreement shall be refunded to the member within 30 days of termination of the agreement.
(b) A member’s termination of a vacation rental agreement pursuant to subsection (a) of this section shall also terminate any obligation a spouse or dependent of the member may have under the vacation rental agreement.
(c) The right to terminate a vacation rental agreement as described in subsection (a) of this section shall extend to the spouse of any member of the Armed Forces of the United States. A spouse exercising the right to terminate a rental agreement shall provide the same notice as described in subsection (a) of this section.
(d) The provisions of this section may not be waived or modified by the agreement of the parties. (2016-98, s. 1.4; 2017-212, s. 8.6.)