Legal Question in Military Law in Illinois

US ARmy reservists called to active duty incur penalties when breaking the lease

I am a US Army Reservist called to Active Duty. I was called 11 days ago and received my orders 4 days ago. I am scheduled to deploy in support of Operation Enduring Freedom in 5 days for 1 year. I notified my landlord upon receipt of my orders of my situation, but the military did not give me 30 days notice, therefore I could not give him 30 days notice. He wants to charge me for advertising costs for my apartment, and he already has it rented. Am I protected from this charge by law? I was under the impression that service members who were called to active duty do not have to incur any penalties when breaking a lease. Please send me an answer and a quote from a legal source that states the reasons why. Thank you.


Asked on 1/14/06, 11:02 pm

1 Answer from Attorneys
Charles Dobra Charles Wm. Dobra, Ltd.

Re: US ARmy reservists called to active duty incur penalties when breaking the lease

The statutory provision to which you refer is found in SSCRA. Since you are deploying, you might want your JAG to write an appropriate letter NOW to the landlord. If you have any further problems, let me know. I am a member of the Illinois Bar Association's Military Law Committee and I could help. Keep my email address on file. Fair winds and following seas, mate. Chuck Dobra, CDR, JAGC, USNR (Ret)

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Answered on 1/15/06, 9:59 am


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