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  1. #1
    Join Date
    Nov 2015
    Posts
    24

    Default Re: When Can a Military Tenant Legally Break a Lease

    You're right, the SCRA doesn't specifically address this issue, but isn't it reasonable to assume that the timing of a lease termination due to deployment be related to the timing of the deployment? Otherwise, it doesn't leave the landlord with much protection and allows tenants to abuse the SCRA provisions and move out anytime for reasons as long as they've been informed that they'll be deployed at some point in the future, whether it's in a month or within a year. The idea of the SCRA is to protect them from financial loss due to unforseen circumstances that require them to relocate, not to allow them to break a lease to stay with a friend and "save money", while still being paid the housing allowance. In this case, the tenant will be profiting off the government.

  2. #2
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: When Can a Military Tenant Legally Break a Lease

    You are free to try and sue them to establish precedent. Good luck with that though. I would be willing to be 99.6% of judges would throw the case out as soon as the defense mentions the SCRA.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: When Can a Military Tenant Legally Break a Lease

    Quote Quoting cwb
    View Post
    You're right, the SCRA doesn't specifically address this issue, but isn't it reasonable to assume that the timing of a lease termination due to deployment be related to the timing of the deployment? Otherwise, it doesn't leave the landlord with much protection and allows tenants to abuse the SCRA provisions and move out anytime for reasons as long as they've been informed that they'll be deployed at some point in the future, whether it's in a month or within a year. The idea of the SCRA is to protect them from financial loss due to unforseen circumstances that require them to relocate, not to allow them to break a lease to stay with a friend and "save money", while still being paid the housing allowance. In this case, the tenant will be profiting off the government.
    it takes more than being told they will deploy. It requires them to have recieved dated orders.

    So what would you say if the orders were for immediate deployment? The tenant would owe you through august. Would you take their money?

    its never a perfect world but as limited as this issue is and the reason for it, maybe you should just look at it as your patriotism in practice.

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