Legal Question in Real Estate Law in California

Hi, would you please be kind to answer:

Is it legal for the military people terminate their leasing property contract any time during the leasing period because they have an military order to switch their base?

Our tenants, who are serving in the military now signed a year contract (from June 30, 2010 to June 30, 2011) to rent the condo. Before they signed their contract, we both sides know one of tenants served three-year term in Bay area will end around the end of the 2010 or the beginning of the 2011. So we asked if he can apply the extension to stay longer because we like to rent out for a long term lease. He said yes he got the approval for extension and then we agree to sign the one year contract. In December, 2010, both of tenants gave a 30 days written notice that they had an order to move to other base and it's over 20 miles away so they can terminate their contract without any further payment for the rest of the months. They didn't give us any documents from the military to support their action. Should we trust them again? Should we ask them some legal documents from the military to prove they are right? They said they the last day of rent was yesterday 1/31/2011 so they wanted us do the exit work-through check and gave back the condo's keys. We don't want to do this. What should we do to protect us? If they mail us some document to support them, which date will count the termination date, the written notice date or the date they send the document?

Thanks so much,

Hopeless landlords


Asked on 2/01/11, 12:35 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

The Sericemembers Civil Release Act ("SCRA") allows active-duty military personnel to terminate certain residential leases when they are redeployed. You can obtain details of how the SCRA works on line via a search engine.

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Answered on 2/09/11, 1:13 pm


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