Full question:
Hi, I have a question regarding an Oregon Lease. I have a single family dwelling in Medford, OR. The tenant signed a one year lease and moved in 9-20-09. Today, I received notice that the husband that is in the military has had his orders changed and the family will now be moving in with him on base. What is the law regarding military personell breaking a lease due to a change in orders?
- Category: Landlord Tenant
- Subcategory: Lease Termination
- Date:
- State: California
Answer:
The Soldiers and Sailors Civil Relief Act (SSCRA) provides legal protections to service members in terminating residential leases. Leases entered after coming on active duty may not be terminated under the SSCRA lease termination provision. The lessee must deliver written notice of termination to the lessor at any time after entry on active duty or receipt of orders as specified by section 106. Delivery may be made by posting a properly addressed and stamped envelope in the U.S. mails. Oral notice to the lessor is not valid. In addition, among partners in an enterprise, notice from one partner to the others that the service person intends to vacate the premises is insufficient to notify the landlord.
The following is a portion of the SSCRA:
SEC. 305. [50 U.S.C. App. 535] TERMINATION OF RESIDENTIAL OR
MOTOR VEHICLE LEASES.
(a) TERMINATION BY LESSEE.—
(1) IN GENERAL.—The lessee on a lease described in subsection
(b) may, at the lessee’s option, terminate the lease at
any time after—
(A) the lessee’s entry into military service; or
(B) the date of the lessee’s military orders described in
paragraph (1)(B) or (2)(B) of subsection (b), as the case
may be.
(2) JOINT LEASES.—A lessee’s termination of a lease pursuant
to this subsection shall terminate any obligation a dependent
of the lessee may have under the lease.
(b) COVERED LEASES.—This section applies to the following
leases:
(1) LEASES OF PREMISES.—A lease of premises occupied, or
intended to be occupied, by a servicemember or a
servicemember’s dependents for a residential, professional,
business, agricultural, or similar purpose if—
(A) the lease is executed by or on behalf of a person
who thereafter and during the term of the lease enters
military service; or
(B) the servicemember, while in military service, executes
the lease and thereafter receives military orders for
a permanent change of station or to deploy with a military
unit, or as an individual in support of a military operation,
for a period of not less than 90 days.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
