Legal Question in Landlord & Tenant Law in Virginia

Military Deployment

I have a 1 year lease with a married couple in the US Navy. Lease dates are June 1, 2007 to May 31. 2008. They recently informed me he is going on a deployment in April, 2008 so they are moving the wife & kids back out of Virginia. He told me he will pay for rent thru January 15, 2008 & that will be it. Is he within the legal lease of 1 year ? Does a deployment allow him to break the lease? If so, how much in advance of his deployment can they leave? Do they have to pay me any liquidation damages or forfeit their deposit? Thank you.


Asked on 10/20/07, 11:26 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Military Deployment

1. Yes.

2. Yes, (provided that the deployment is more than 90 days.)

3. Approximately, 30 days advance notice to landlord following the receipt of deployment or change of station orders, is all that's apparently required. (Notice to landlord is supposed to be written with a copy of the orders.)

4. Landlord can apparently charge security deposit for the standard "wear and tear" which has occurred while the military tenant has occupied the premises.

See Servicemembers Civil Relief Act(as amended 2006) Sec. 305(a)(1)(B) and (b)

(1)(B) for verification of all of the above.

4.

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Answered on 10/20/07, 1:39 pm


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