Can a military tenant break their lease months before deployment?

Can a military tenant break their lease months before deployment?

Oxnard, CA · Member since 2015 · 12 posts · 0 votes

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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  • Investor · Princeton, TX · Member since 2014 · 1k+ posts · 1k+ votes
    9y

    @Michael W.   Yes. She can give notice on the date of the orders. No. I do not think there is anything you can do about it.

    PS I assume her deployment meets the requirements under the act because you did not mention the details.

  • St. Louis, MO · Member since 2017 · 10 posts · 4 votes
    9y

    I don't know how up to date this is but it should help. So if she just gave you written notice today then it's very similar to the example and she would have to pay to the end of August. 

    http://www.military.com/benefits/military-legal-ma...

    Termination becomes effective on the last day of the month following the month in which proper notice is delivered. For example, if the lease requires a yearly rental and proper notice of termination is given on July 20, the effective date of termination would be August 31.

    The servicemember is required to pay rent for only those months before the lease is terminated. If rent has been paid in advance, the landlord must prorate and refund the unearned portion. If a security deposit was required, it must be returned to the servicemember upon termination of the lease.

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