Post by misshark122 on Jun 27, 2012 10:11:43 GMT -5
Do I have to have the .... I forget the name of it... is it the soldiers & sailors relief act? written into our lease, or are we automatically protected should we have to move? I'm talking about the law that lets us out of our lease if DH gets PCSd before our lease ends.
Section applies only to premises occupied for dwelling, professional, business, agricultural or similar purposes if the service member executed the lease before the commencement of military service and he, or he and his dependents, occupied the premises for such purposes.
Apparently the Act DOES NOT specifically cover the lease of movables (but see discussion at paragraph 16 infra).
Service member may terminate the lease by written notice to the landlord at any time after the beginning of the tenant’s military service.
If on a month-to-month lease, the lease is effectively terminated 30 days after the first date on which the next rental payment is due after the date such notice is delivered or mailed.
All other leases are terminated on the last day of the month following the month in which the notice is delivered or mailed. Any unpaid rent is due only for the period before termination and any rent paid in advance for a period after termination will be refunded.
Court may, upon application by the landlord before the termination period, impose such modifications or restrictions on the relief as seem warranted by justice and equity.
Misdemeanor offense (1 year or $100,000.00 fine or both) for any person knowingly to seize, detain, or interfere with the removal of the property of a tenant who has lawfully terminated a lease in accordance with the Act.