Section 409 Of Chapter 7.5. Protections From California Military And Veterans Code >> Division 2. >> Part 1. >> Chapter 7.5.
409
. (a) This section shall apply to any lease covering premises
occupied for dwelling, professional, business, agricultural, or
similar purposes in any case in which the lease was executed by or on
the behalf of a person who, after the execution of such lease,
entered military service, as defined by Section 400.
(b) Any lease, as provided in subdivision (a), may be terminated
by notice in writing delivered to the lessor or to the lessor's agent
by the lessee at any time following the date of the beginning of the
period of military service. Delivery of this notice may be
accomplished by placing it in an envelope properly stamped and duly
addressed to the lessor or to the lessor's agent and depositing the
notice in the United States mail. Termination of any lease providing
for monthly payment of rent shall be effective on the last day of the
month following notice and in any case, no more than 45 days after
notice is provided to the lessor and payable subsequent to the date
when the notice is delivered or mailed. In the case of all other
leases, termination shall be effected on the last day of the month
following the month in which the notice is delivered or mailed and,
in that case, any unpaid rent for a period preceding termination
shall be prorated and any rent paid in advance for a period
succeeding termination shall be refunded by the lessor. Upon
application by the lessor to the appropriate court prior to the
termination period provided for in the notice, any relief granted in
this paragraph shall be subject to any modification or restriction as
in the opinion of the court justice and equity may, in the
circumstances, require.
(c) Any person who shall knowingly seize, hold, or detain the
personal effects, clothing, furniture, or other property of any
person who has lawfully terminated a lease covered by this section,
or in any manner interfered with the removal of that property from
the premises covered by that lease, for the purpose of subjecting or
attempting to subject any of the property to a claim for rent
accruing subsequent to the date of termination of the lease, or
attempts to do so, is guilty of a misdemeanor, and shall be
punishable by imprisonment not to exceed one year or by a fine not to
exceed one thousand dollars ($1,000), or both.