Military Tenant Going on Deployment

[Julie Marquez]

So I understand that a tenant has the right to break a lease with military orders, but our rental agreements are M2M with this move-in fee caveat.

For example: 

Rent $1650. 

Refundable deposit $825. 

Non Refundable Move In Fee $825 - added to refundable deposit if tenants has stayed for 12 months and is in good standing.

This is a great way to have the flexibility of M2M and include the incentive to have people stay at least one year, or know up front the fee for getting a unique short term rental. Before moving in, the military guy knows he is going on deployment in 6 months. He doesn't care about a lease because he knows he has the military right to break a lease. But for my terms can I still keep his move-in fee, or does the military card trump my move-in fee policy?

[Lynn McGeein]

I'm not a lawyer, no legal advice, but, at least in our area with heavy military presence, it would be bad form to charge a service member an $850 fee because they received new orders, even if it was legal to do so.