Legal Question in Landlord & Tenant Law in Michigan

Leasing and entering the Military

My son, who in 9-07 signed a contract to live in an apartment with a friend to go to college. Well he decided he wanted to enlist in the Army. So he did, and they are just now letting us know, 6 months later that he owes money for those 6 months. He signed the military contract after the fact, but it did say in the contract that would get him out of the contract for the apartment. We live in MI can you help? Thank You


Asked on 3/24/08, 8:49 pm

2 Answers from Attorneys

Renee Walsh LawRefs Nonprofit

Re: Leasing and entering the Military

The landlord is required by law to provide the notice of damages for the security deposit within a specified time or they waive all damages. It should be determined if this was followed.

I have not seen a military contract that had the effect of avoiding a lease provision and would be interested in to see that.

If you would like to know more about landlord's responsibilities with regard to the security deposit and how to get it back, please visit my website at www.lawrefs.com and search under landlord tenant law.

If you would like further assistance, please contact me via my website at www.lawrefs.com.

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Answered on 3/24/08, 9:21 pm
Christopher Sevick Law Office of Christopher Sevick, PLC

Re: Leasing and entering the Military

Your son needs to talk to the JAG office or legal affairs office where is is currently stationed and have them address this. The Servicemembers Civil Relief Act (SCRA), a 2003 revision to the Soldier's and Sailors Civil Relief Act provides for, in part of section 305, termination and modifications to leases entered into prior to and during active duty orders. In addition, your son may be able to have the entire action placed "on hold" while he is in active duty. For other information on related topics you may visit my website, www.Sevicklaw.com

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Answered on 3/24/08, 9:38 pm


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