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Military Families Military Families

Breaking a lease and SCRA

Anonymous
Posted by Anonymous
  • 42 Replies
Our current lease ends March 23. My DH got orders and we are moving across country on Feb 21. She expects us to pay March rent. We don't feel we should based on the Servicemember's Civil Relief Act. We sent her a notice of our orders and notice of 30 days to vacate on Jan 21. Then we sent our rent on Jan 23. According to the SCRA we are obligated to pay the next rent due after we give notice, which was Jan 23. We pay rent for the month ahead, so the rent we paid on Jan 23 covers Feb.

Are we right about not having to pay rent for the month after we move? This is the first time in 13 years that a landlord has expected us to pay rent for a property we cannot reside in due to military obligations.
Posted by Anonymous on Feb. 5, 2014 at 9:58 AM
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Replies (1-10):
violinjewel
by Julia on Feb. 5, 2014 at 10:03 AM
It's dependent on if there was a clause in your contract, and what it specifically said. You could still be responisible for payment depending on the contract.
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Anonymous
by Anonymous 1 - Original Poster on Feb. 5, 2014 at 10:11 AM
I don't think a clause matters. I read the SCRA and it says in order for a Servicemember to waive his/her rights under the SCRA they have to sign a waiver separate from the lease. It's a federal act. Most states also have more protection for military.
Anonymous
by Anonymous 1 - Original Poster on Feb. 5, 2014 at 10:16 AM
I mean lack of a clause doesn't mean a landlord doesn't have follow the SCRA.
.oOMellyOo.
by Silver Member on Feb. 5, 2014 at 10:19 AM

Did you send a written notice to vacate or was it oral?


Anonymous
by Anonymous 1 - Original Poster on Feb. 5, 2014 at 10:20 AM
Written

Quoting .oOMellyOo.:

Did you send a written notice to vacate or was it oral?


JulesFairy
by Member on Feb. 5, 2014 at 10:20 AM
I dont have an answer because we have always had the military clause in our lease, but I know here at Carson there is a leasing person who is a no go because she doesnt have a military clause in her lease.
ewunia79
by on Feb. 5, 2014 at 10:22 AM
I have no clue but here is a bump
MrsDavidB25
by Stacey on Feb. 5, 2014 at 10:36 AM
2 moms liked this

 I don't know, but it is pretty shitty of her to give you a hard time over 1 month. I could see if you had a multi year lease and were getting out WAY early, but geez, 1 month?

Anonymous
by Anonymous 1 - Original Poster on Feb. 5, 2014 at 10:39 AM
The landlord is suppose to follow state and federal law. My DH plans to email her a link to the SCRA. She may not even know about it.

She even ask us to help her find a new military tenant after we gave our 30 day notice. We will not recommend her to other military members.

USAFamily
by Melissa on Feb. 5, 2014 at 10:47 AM
2 moms liked this

I really think you need a military clause. We wouldn't be advised to have it if it weren't necessary. I thought SCRA was for bills- such as credit card bills, ect. I could be wrong though. We just always have the military clause and have never had an issue like this come up.


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