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Updated over 7 years ago on . Most recent reply

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Michael W.
  • Oxnard, CA
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12
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Can a military tenant break their lease months before deployment?

Michael W.
  • Oxnard, CA
Posted

I currently have a military tenant staying in a rental condo that I own in CA. The tenant is only three months into her one-year lease and just gave me her 30 days notice to vacate, due to an upcoming deployment, which is a valid reason to break the lease in accordance with the military clause addendum to the lease and the SCRA (Servicemembers Civil Relief Act). 


However, her deployment is still at least three months from now. Therefore she wants to terminate the lease at least two months before she is actually deployed. She says she'll be moving in with a friend to save money until her deployment.

I don't feel that her desire to save money is a valid reason to abandon her lease obligation two months before her deployment. I've told her that it'll be no problem if we can find a replacement tenant before she moves out, but if we can't, she would be held responsible for any lost rent until we do find a tenant or until her actual deployment date, whichever comes first.

I'm wondering what's the best way to handle this. Does the tenant have the right under SCRA to terminate a lease well in advance of a deployment that they are aware of? Do I have any recourse as a landlord?

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