When you are discharged from the military and break a lease, are you entitled to the security deposit?

Question

I have a tenant living in Virginia who has been discharged from the military and will be terminating their lease early. They are saying that by law, I am required to return their security deposit. Is this true?

Answer 1

Ignore the fact they were in the miliarty. What would you do?

Answer 2

It all depends on the discharge. If it was honarobale, medical, and what not. Military can legaly get out of there lease with out any penalties with a copy of there orders. If they had to pay a penalty every time the military moved them they would be broke (or should I say broker). They also can not control if there EAS comes up before the lease is over.

They put there lives on hold and there families lives they do not need any added stress.  

Answer 3

I doubt that the they have a special law for military personnel, especially of that nature. What you can do is just be a good sport about it.

Answer 4

No way.  So what if they were discharged from the military- I'd treat that the same as if your tenant was fired frm their job or quit their job.

However, it depends on your patriotism.  Military are a special class and need to be treated well. I would return it to him just to support the country and support the troops.  If he for some reason calls the news and tells them, you'll get all sorts of harassment from vets and everything calling you anti-American.  It's probably best to just give it back.

Answer 5

Actually, yes, it is:

"Return of security or prepaid rent. The service member is required to pay rent for only those months before the lease is terminated. If the service member has paid rent in advance, then section 304 requires the lessor to prorate and refund the unearned portion. If a deposit for security was required by the lessor, then, upon termination of the lease, the lessee is entitled to the deposit"

That's from the Soldiers & Sailors Relief Act, Section 304.

EDIT: And a note to those who have never heard of this Act -- it's been in place since World War II, and it's there for the protection of military servicemembers and their families, to make sure that the families of our soldiers don't get evicted and/or lose their homes while their primary wage earner is away protecting the rest of us. It also makes sure that landlords can't hold servicemembers to civilian standards when it comes to lease agreements, since it's understood that being in the military means you could get called upon to move halfway across the country or across the world at any time, and with very little advance notice.

Answer 6

NO!

If they are active military and have a transfer, then then can break the lease.

However, they are NO LONGER in the military.

Answer 7

If the contract is still binding then you have to oblige to the legal requirement as stipulated.

Answer 8

It depends on the kind of discharge (General Under Honorable Conditions is in a way getting fired from the military), and how much you support the military.

I think that the laws are there to protect reservists and national guardsmen that have been activated and need to get out of their lease in a hurry.  Those laws also protect the guardsmen from unwarranted bill collectors and from loosing their jobs to somebody else while serving and being called up.  Because you said "A TENANT" I am to assume this tenant was single and did not want to live in the barracks.

If he knew that his discharge date was coming up, then he should have told you, because he was a mute and did not tell you a thing, I'd say he is entitled to nothing.  At most I would have a general contractor inspect for any repairs that need to be done (if you see anything wrong), and take that out of the deposit -- just like any other tenant you might have.  If he was a clean tenant, lived up to your expectations and apartment rules, I would give him the check for the deposit and maybe a lil extra as a thank you for serving the country AND keeping the apartment clean.

If he harasses you to no end, call up his commanding officer report him for harassment, and tell him that you will add up the repair costs AND the penalty for terminating the lease early AND THEN subtract it subtract from the security deposit.

Answer 9

It may not be law, but do the right thing. They put their lives on line to protect your feedoms.

By the way, I've been a landlord for 30 years.