Servicemembers Civil Relief Act. Specifically: Right to Terminate Residential Lease?
THE QUESTION: If I provide 30 days notice, am I still liable for the payment of rent until the end of my lease? Which is a year, and I have only been living here for two months. Below is a summary of the SCRA and a summary of my lease.
I have read the SCRA, simplified version. It states: The SCRA allows individuals to break a lease when they go onto active duty, if the lease was entered into before going onto active duty. Additionally, the act allows a service member to terminate a residential lease entered into while in the military, if the member receives permanent chance of station (PCS) orders, OR ORDERS TO DEPLOY FOR A PERIOD OF NOT LESS THAN 90 DAYS.
http://www.ffscnorva.navy.mil/servicemem…
It states I am supposed to give a 30 day written notice to my landlord, which is no problem. The problem is in the lease I signed. It states:
The specific term of the tenancy governed by this contract is set forth in the attached, exhibit A. the Tenant is responsible for all monies owing during the term of this contract and any renewal terms during the occupancy, including month-to-moth occupancy. In the even the Tenant vacates prior to the expiration of the term, he / she, they shall be responsible for the FULL RENTAL AMOUNT OWING FOR THE TERM OF THE CONTRACT until the property is re-rented and a new lease agreement begins. All deposits paid shall be forfeited for failure to complete the contract.
In addition, the Tenant shall be responsible for any costs for tenant created repairs, replacements, cleanings and/or related tenant created costs to prepare the property for re-rental, as well as the advertising, signs, leasing fees, utilities, and related costs incurred to re-rent the property. Tenant shall be responsible for the rent at the current rental rate at the time tenant vacates the property but the Agent shall not be obligated to re-rent the property at that rate. If tenant(s) voluntarily terminates the agreement with or wit Hough cause prior to the termination date (see ending date Addendum “A”) Tenant(s) Agree to pay Agent a releasing fee of Two Hundred Dollars ($200.00) in addition to all other costs which may apply.
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August 20th, 2010 at 3:15 am
Hard to find the info and decipher it, but it’s on link below. Basically it says that you can not be held liable for the rent for the period after the 30 days notice and that you are not responsible for any termination fees. that is providing the orders came after you signed the lease. There are penalties listed if he tries to force you to pay or takes any recourse against you. You need to give it to him in writing and show/give him a copy of your orders proving it. If i was you i would do it in a certified letter with proof of delivery. The second link i came across is for free legal assistance for military members if case you don’t know about it.
August 20th, 2010 at 4:13 am
Here’s the deal … The scary thing in the lease does NOT apply to you, because a federal law covers your particular circumstance.
Nothing in a lease can nullify, invalidate, or otherwise cancel out the intent of a law. And this law says that with 30 days notice, the lease ends, just as if it ended naturally.
Notify your landlord, and print out a copy of the part ofthe law that applies and attache it to the notification. Leave the place clean and tidy, have the final walk through and it’s all it takes.
If the landlord makes “you owe me big money noises” … tell him/her that you will see them in court, in uniform, with a copy of a federal law in your hands.