Legal Question in Military Law in New York

Re: Service Members Civil Relief Act and Leases

If it is a term of the contract, the tenant can break the lease in accordance with whatever "notice" clause you have. Most landlords require a 30 day notice and a copy of documentation proving the move.

This situation is resolved based on the contract terms, not SSCRA.

It is true that a VERY VERY few military people try to fake the documentation. So just make sure it looks good to you.

Re: Service Members Civil Relief Act and Leases

The Soldiers and Sailors Civil Relief Act's lease termination provision only applies to leases that were entered into before entry into military service.

What if the service member or spouse signs the lease after entering active service; may they terminate the lease under � 534? No. Leases entered after coming on active duty may not be terminated under the SSCRA lease termination provision.

If the lease provides the right to break the lease if offered base housing, then that is contractually binding on you. You can make that agreement if you want. However, nothing mandates that you make that deal with the tenant.

If I were you, I would modify the lease.