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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 34324
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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My active duty Army husband is retiring next year. He will

Customer Question

My active duty Army husband is retiring next year. He will be getting his orders in June 2015. He will then go on terminal leave Feb 2016 with an official retirement date of June 2016. With his impending retirement, I had to take a job came up in which I (the spouse) and children must move over 400 miles away this July. We are attempting to break our lease since we are transitioning, but our landlord is telling us that SCRA does not apply to impending retirement. The landlord is telling us also that we must continue to pay rent up to 60 days of his official retirement date of June 2016 (even though he will be leaving the area in Feb). Do we have any recourse?
Submitted: 2 years ago.
Category: Military Law
Expert:  P. Simmons replied 2 years ago.
Hi, My name is Philip. I am an attorney with over 16 years experience. Hopefully I can help you with your legal question.
I am truly sorry for this dilemma.
I agree with the landlord, the SCRA will not let you break the lease...not until next June.
So that will not help you.
Now, the landlord has a duty to mitigate damages...if you leave prior to the end of the lease, the landlord must attempt to rent the place out and if they do, the money they receive will offset any money you owe on the lease. So perhaps you can negotiate with the landlord...offer to pay money to break the lease. Or consider having someone else rent from you (sublease the property).
Bot***** *****ne is the SCRA will not apply till next June when the orders are effective
This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that the SCRA would help you, but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!
Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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