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Can a soldier terminate a lease while deployed to Iraq?

Can a soldier terminate a lease while deployed to Iraq?

Q: Does the military pay your rent while deployed?

Typically, the military does not directly pay your rent while you are deployed. However, service members may receive a housing allowance that can be used to cover rent. It's important to check with your specific branch of the military for details on benefits and allowances related to housing during deployment.

Full question:

If the U.S Army deploys a resident to Iraq for 1 year, will he be expected to pay his lease, or can he be released from the obligation of the lease, without being sued when he returns home from war.

Category: Real Property
Date: 04/07/2025
State: California

Answer:

According to California law, specifically § 409 of the Military and Veterans Code, a lease can be terminated if the tenant enters military service after signing the lease. The tenant must provide written notice to the landlord or their agent. This notice can be mailed and must be delivered after the military service begins.

For monthly leases, the termination is effective at the end of the month following the notice, but no more than 45 days after the notice is given. For other types of leases, termination occurs at the end of the month after the notice is sent. Any unpaid rent before termination will be prorated, and any rent paid in advance for periods after termination must be refunded by the landlord.

If the landlord tries to hold onto the tenant's property after the lease is terminated, they could face criminal charges. This includes any attempt to claim rent for the time after the lease has ended.

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.

FAQs

Can a deployment letter break a lease?

Yes, a deployment letter can be used to break a lease under California law. When a service member receives military orders, they can terminate their lease by providing written notice to their landlord. This notice should be sent after the military service begins. Depending on the lease type, termination will take effect at the end of the month following the notice, but no later than 45 days after. Always check with a legal professional for specific guidance.

What happens to my apartment if I deploy?

If you deploy, you may terminate your lease under California law. You must provide written notice to your landlord after your military service begins. The lease will end according to the terms specified in your notice. Any rent owed before termination will be prorated, and any prepaid rent for periods after the termination must be refunded by the landlord.

What happens to your apartment when you get deployed?

When you get deployed, you can terminate your lease in California by notifying your landlord in writing. This notice should be sent after you begin your military service. The lease will end according to the notice terms, and any unpaid rent will be prorated. Additionally, any rent paid in advance for time after your lease ends should be refunded.

Does the military pay your rent while deployed?

What is the military clause for a rental lease?

A military clause in a rental lease allows service members to terminate their lease without penalty if they receive deployment orders. In California, this clause must comply with state law, which requires written notice to the landlord after military service begins. This ensures that service members can fulfill their military obligations without being financially burdened by their lease.

Do military orders break a car lease?

Military orders can allow you to break a car lease under the Servicemembers Civil Relief Act (SCRA). If you receive orders for a permanent change of station or deployment, you may terminate the lease without penalty. You must provide your leasing company with a copy of your orders and follow their specific procedures for lease termination.