Legal Question in Military Law in California
Honorable discharge
Will an honorable discharge break a lease agreement? When my fiance was discharged, he had to move home, therefore breaking a lease. It is now showing as a judgement on his credit report which is preventing us from buying a house.
Asked on 8/13/08, 1:14 pm
1 Answer from Attorneys
Philip D. Cave
Military Law & Justice
Re: Honorable discharge
No. The Soldiers & Sailors Civil Relief Act does not apply in that situation.
Unless there was a "military clause" in the lease, he will have to pay the judgment or perhaps negotiate a payment with the judgment holder.
When you say "judgment" that means the lease holder went to court. There should have been a summons/subpoena and other legal papers signed.
Talk to a local attorney about reopening the judgment perhaps.
Answered on 8/15/08, 3:50 pm
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