Legal Question in Landlord & Tenant Law in California
what is the general rule for breaking a lease under the miltary clause on renting/ leasing
2 Answers from Attorneys
They can prematurely terminate the lease but they still have to pay some rent.
Federal Law: 50 USC App ��501-596
CA Law: Mil & V C � 409
A servicemember may ask for an eviction to be delayed ("stayed") for 90 days if that servicemember pays $2,400 per month or less for rent. The ability to pay rent must be materially affected by military service and a judge may order the "stay" upon request by the servicemember, or the servicemember's representative. The judge can adjust the length and the terms of the stay as fairness may require. The more extenuating the circumstances, the better. Make sure that you or your representative is prepared to speak as to why you are being adversely affected due to the terms of your military service so that you, or your representative, can intelligibly set forth those facts to the judge at the hearing. Note, that you may have an attorney appear for you to be your representative at the hearing. Having a superior officer attend and attest to the dilemma in which the servicemember finds himself/herself is always a good practice if a superior officer is willing. Good luck and thank you for your service!
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