Servicemembers Civil Relief Act. Specifically: Right to Terminate Residential Lease?

Question

THE QUESTION: If I provide 30 days notice, am I still liable for the payment of rent until the end of my lease? Which is a year, and I have only been living here for two months. Below is a summary of the SCRA and a summary of my lease.

I have read the SCRA, simplified version. It states: The SCRA allows individuals to break a lease when they go onto active duty, if the lease was entered into before going onto active duty. Additionally, the act allows a service member to terminate a residential lease entered into while in the military, if the member receives permanent chance of station (PCS) orders, OR ORDERS TO DEPLOY FOR A PERIOD OF NOT LESS THAN 90 DAYS.

http://www.ffscnorva.navy.mil/servicemember_civil_relief.pdf

It states I am supposed to give a 30 day written notice to my landlord, which is no problem. The problem is in the lease I signed. It states:

The specific term of the tenancy governed by this contract is set forth in the attached, exhibit A. the Tenant is responsible for all monies owing during the term of this contract and any renewal terms during the occupancy, including month-to-moth occupancy. In the even the Tenant vacates prior to the expiration of the term, he / she, they shall be responsible for the FULL RENTAL AMOUNT OWING FOR THE TERM OF THE CONTRACT until the property is re-rented and a new lease agreement begins. All deposits paid shall be forfeited for failure to complete the contract.

In addition, the Tenant shall be responsible for any costs for tenant created repairs, replacements, cleanings and/or related tenant created costs to prepare the property for re-rental, as well as the advertising, signs, leasing fees, utilities, and related costs incurred to re-rent the property. Tenant shall be responsible for the rent at the current rental rate at the time tenant vacates the property but the Agent shall not be obligated to re-rent the property at that rate. If tenant(s) voluntarily terminates the agreement with or wit Hough cause prior to the termination date (see ending date Addendum “A”) Tenant(s) Agree to pay Agent a releasing fee of Two Hundred Dollars ($200.00) in addition to all other costs which may apply.

Answer 1

If you have orders for pcs or deployment make a copy and include it with your 30 day notice that will supersede any thing in your lease if he comes after you call your congressman he will take care of it for you it has been tried in Minnesota during a deployment and the land lord loss

Answer 2

Did you have that clause in your rental agreement? If not, then no this does not apply. If you want you can take you lease to JAG and have them look over it. I went thru the same thing. So if this doesn't answer your question email me.  

Answer 3

If you are going Active Duty or preparing to go Active for deployment/AGR, then you should be able to get out of the lease.  You will probably have to pay the 30 day notice period.

Go see you S1 or recruiter (if you are just getting in), they should be able to give you a paper with a copy of your orders.

If your landlord insists that you have to pay till when your contract would have ended in 1 year, then talk to one of your higher ups (S1, Readiness NCO, etc) and have them help you deal with your landlord.

Either way, talk to your recruiter (if currently enlisting) or your S1 or Readiness NCO (if already enlisted).  They should be able to walk you through the correct procedures.