Question from Landlord:One of our residents received military orders to transfer to another military base that is local (only 10 miles away from the property). Now the resident is attempting to terminate her lease early based on these orders. Can she do this even though her orders will move her to a base only 10 miles away?
Answer: Yes, these military orders allow her to terminate the lease early without penalty. The Servicemembers Civil Relief Act (SCRA), 50 U.S.C. Ann. § 3955, applies here and pursuant to the SCRA there is no mileage or distance restriction on a resident’s ability to terminate his/her lease early upon receipt of military orders. Note that Federal law trumps both your lease requirements and state law. For more information on the SCRA’s impact on early termination of residential leases see my post here.
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ABOUT CRYSTAL KRAMER
Crystal Kramer is an attorney in the Landlord Representation Group. Crystal’s practice is focused on representation of landlords and property managers of residential and commercial real estate in Virginia. This representation includes Fair Housing disputes and all litigation associated with lease disputes, including breach of lease, unlawful detainer actions, and tenant’s assertion actions.
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