Montana Code 10-1-905. Termination of residential leases and telephone, internet access, and multichannel video programming service contracts
10-1-905. Termination of residential leases and telephone, internet access, and multichannel video programming service contracts. (1) A service member on active duty may terminate any residential lease when ordered to a permanent duty station that is more than 60 miles away from the member’s current residence.
Terms Used In Montana Code 10-1-905
- Active duty: means at least 14 consecutive days of full-time state military duty, as defined in 10-1-1003, or full-time national guard duty, as defined in 32 U. See Montana Code 10-1-902
- Contract: A legal written agreement that becomes binding when signed.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- 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
- Permanent duty station: means a service member's official permanent workplace as depicted in the member's written military order. See Montana Code 10-1-902
- Service member: means any member of the Montana army or air national guard serving on active duty. See Montana Code 10-1-902
- United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
(2)A service member on active duty who is ordered to a new permanent duty station may terminate a service contract if the service contract:
(a)was entered into before the service member was ordered to the new permanent duty station; and
(b)is not available from the service provider at the same quality or at the same cost at the service member’s new permanent duty station.
(3)A service member who terminates a residential lease or a service contract under this section is not liable for early termination fees or other damages arising from early termination.
(4)(a) Termination of a residential lease or a service contract under this section must be made by delivering written notice of termination and a copy of the service member’s military orders to the residential lessor or consumer services provider.
(b)Notice may be made by hand delivery, United States mail, or electronic means.
(c)Termination of the residential lease or service contract is not effective until 45 days after delivery of the notice.
(5)As used in this section, “service contract” means a contract for cellular phone service, telephone exchange service, internet access service, or multichannel video programming service.