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I am a landlord and at present a service member is renting…

I am a landlord...

I am a landlord and at present a service member is renting an appartment from me.He has signed one year lease but now he has been called on duty to Afghanistan and is vacating on 25th August.I understand a lease is nullified under these cicumstances but he is also asking me to refund him prorated money for six days he is not staying.Am I not entitled to receive at least full months rent which he has already paid?

Lawyer's Assistant: No, you can ask a one off question to try things out.

I don't understand what you are saying.Do I have to refund the money for the five days

Lawyer's Assistant: You just pay a $5 deposit now and the rest only when you get a reply from the Military Lawyer. All of this is 100% satisfaction guaranteed, so you can get a refund if you're not happy for any reason.

What is the total charge?

Lawyer's Assistant: You just pay a $5 deposit now and the rest only when you get a reply from the Military Lawyer. All of this is 100% satisfaction guaranteed, so you can get a refund if you're not happy for any reason.

How do I pay $5

Lawyer's Assistant: When we are ready I'll take you to the appropriate web page.

Ok

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Virginia

Lawyer's Assistant: Have you talked to anyone in the chain of command about this?

No

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Answered in 4 minutes by:
8/12/2017
Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,475
Experience: Lawyer and current JAG officer.
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

You are not legally obligated to refund the 5 days that he won't be living in the house. The termination doesn't become effective until the last day of the month following the month in which proper notice is given. The idea is that the rent runs through the end of that month.

It doesn't mean that he can't ask, but not he is not legally entitled to that under the SCRA.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,475
Experience: Lawyer and current JAG officer.
Verified
Allen M., Esq. and 87 other Military Law Specialists are ready to help you
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Customer reply replied 10 months ago
With the same renter I have in the lease written to return the security deposit within 2 weeks of vacating the apartment. Under SCRA do I have to return the security deposit on the same day of his departure?

The law just states it has to be returned at the termination of the lease.

It can be interpreted to require returning it on the date they break the lease.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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