(f) If there are multiple tenants who are parties
to the rental agreement, the release of one or more servicemember tenants under
this section shall not terminate the rental agreement with respect to the other
non-terminating tenants; provided that the other non-terminating tenants demonstrate
an ability to pay the rent under the rental agreement, as determined by the landlord.
If the other non-terminating tenants fail to demonstrate an ability to pay the rent,
the landlord may terminate the rental agreement by giving notice of early termination
to the other non-terminating tenants at least thirty days before the early termination
date specified in the notice; provided that the landlord shall not assess any penalty
or fees for the early termination. The amount due from the other non-terminating
tenants shall be paid to the landlord on or before the early termination date.
The landlord shall not be required to refund security
deposits under section 521-44 or prepaid rent until:
(1) The rental agreement terminates with respect to all
tenants and the dwelling unit is surrendered to the landlord; or
(2) Early termination is effected pursuant to this section,
in which case each terminating tenant shall receive a prorated share of any security
deposit or prepaid rent from the landlord upon termination of the rental agreement;
provided that the percentage of any security deposit to be returned shall be determined
by the parties in writing; provided further that if there is no determination made
by the parties regarding the percentage share of the security deposit, the landlord
shall be permitted to refund the security deposit in equal shares to each tenant
on the rental agreement.