§ 3955.
(b)
Covered leases
This section applies to the following leases:
(1)
Leases of premises
A lease of premises occupied, or intended to be occupied, by a servicemember or a servicemember’s dependents for a residential, professional, business, agricultural, or similar purpose if—
(A)
the lease is executed by or on behalf of a person who thereafter and during the term of the lease enters military service;
(B)
the servicemember, while in military service, executes the lease and thereafter receives military orders for a permanent change of station or to deploy with a military unit, or as an individual in support of a military operation, for a period of not less than 90 days; or
(C)
the servicemember, while in military service—
(i)
executes a lease upon receipt of military orders for a permanent change of station or to deploy with a military unit, or as an individual in support of a military operation, for a period of not less than 90 days; and
(ii)
thereafter receives a stop movement order issued by the Secretary concerned in response to a local, national, or global emergency, effective for an indefinite period or for a period of not less than 30 days, which prevents the servicemember or servicemember’s dependents from occupying the lease for a residential, professional, business, agricultural, or similar purpose.
(2)
Leases of motor vehicles
A lease of a motor vehicle used, or intended to be used, by a servicemember or a servicemember’s dependents for personal or business transportation if—
(A)
the lease is executed by or on behalf of a person who thereafter and during the term of the lease enters military service under a call or order specifying a period of not less than 180 days (or who enters military service under a call or order specifying a period of 180 days or less and who, without a break in service, receives orders extending the period of military service to a period of not less than 180 days);
(B)
the servicemember, while in military service, executes the lease and thereafter receives military orders—
(i)
for a change of permanent station—
(I)
from a location in the continental United States to a location outside the continental United States; or
(II)
from a location in a State outside the continental United States to any location outside that State; or
(ii)
to deploy with a military unit, or as an individual in support of a military operation, for a period of not less than 180 days; or
(C)
the servicemember, while in military service—
(i)
executes a lease upon receipt of military orders described in subparagraph (B); and
(ii)
thereafter receives a stop movement order issued by the Secretary concerned in response to a local, national, or global emergency, effective for an indefinite period or for a period of not less than 30 days, which prevents the servicemember, or the servicemember’s dependents, from using the vehicle for personal or business transportation.
(h)
Misdemeanor
Any person who knowingly seizes, holds, or detains the personal effects, security deposit, or other property of a servicemember or a servicemember’s dependent who lawfully terminates a lease covered by this section, or who knowingly interferes with the removal of such property from premises covered by such lease, for the purpose of subjecting or attempting to subject any of such property to a claim for rent accruing subsequent to the date of termination of such lease, or attempts to do so, shall be fined as provided in title 18, or imprisoned for not more than one year, or both.
([Oct. 17, 1940, ch. 888], title III, § 305, as added [Pub. L. 108–189, § 1], Dec. 19, 2003, [117 Stat. 2848]; amended [Pub. L. 108–454, title VII, § 704], Dec. 10, 2004, [118 Stat. 3624]; [Pub. L. 111–275, title III], §§ 301, 303(b)(5), Oct. 13, 2010, [124 Stat. 2875], 2878; [Pub. L. 115–407, title III, § 301], Dec. 31, 2018, [132 Stat. 5373]; [Pub. L. 116–92, div. A, title V], §§ 545, 546, Dec. 20, 2019, [133 Stat. 1377]; [Pub. L. 116–158, § 1(a)]–(d), Aug. 14, 2020, [134 Stat. 706], 707; [Pub. L. 116–283, div. A, title V, § 549], Jan. 1, 2021, [134 Stat. 3620]; [Pub. L. 116–315, title VII], §§ 7201(a), 7202(a), Jan. 5, 2021, [134 Stat. 5063].)