How to deal with invalid SCRA lease break request?

[Jeff Kirk]

Hi everyone,

Long story short, I have a tenant at one of my properties that notified me that he'd be invoking SCRA and breaking the lease early due to issued orders for demobilization/discharge from active duty National Guard status.  No problems there as I think SCRA is a great protection for our military members, however when he sent his military orders I saw that his orders were issued 4 months *PRIOR* to when he signed the lease with me and he didn't disclose this (ie. fraud).  The orders clearly lay out the move dates to which he is now departing, so he was fully aware he had no intention/ability to complete the lease terms when signing the legal contract.  I've had the situation reviewed by an attorney and the SCRA law is clear that in order to break a lease under SCRA the requirement is for "the active duty signs the lease and *thereafter* receives military orders."  

I've clarified the law to the tenant that he's unable to break the lease with the orders he provided since they were issued well before signing the lease; but he disagrees and still claims SCRA protection.  I've recommended he contact his local JAG for free advice to clarify the law for him.  I've also willingly put the rental back on the market to try and find a replacement tenant upon his departure to mitigate damages.

Question is, if I don't find a replacement tenant and he moves out/stops paying with a large portion of the lease remaining; what is the best way to then handle the situation?    Do you keep sending invoices and then go after them in court once the lease comes to full term?  Issue is there that the damages will quickly exceed that which could be resolved in small claims court if I never find replacements before the end of his lease term, so would have to be a formal lawsuit.

Thanks in advance for any advice you might have!