Virginia Beach, VA asked in Real Estate Law, Landlord - Tenant and Small Claims for Virginia

Q: What are the rules on being charged a full months rent when I'm moving out on the 12th of a month?

In my case I am military, have submitted my orders to the property managers stating that I need to move to another state and am leaving my current command on the 12th of March. The property managers have told me that I have to pay the full March rent and keep all utilities on until the end of March. No where in my lease does it say I must do this. Is this a valid request even with nothing written down to back it up or should I look for a lawyer to try and fight this charge?

2 Lawyer Answers
Richard Sternberg
Richard Sternberg
Answered
  • Potomac, MD
  • Licensed in Virginia

A: There are some special rules for active military. Why don't you stop in and talk to a JAG Officer?

F. Paul Maloof
F. Paul Maloof
Answered
  • Landlord Tenant Lawyer
  • Alexandria, VA
  • Licensed in Virginia

A: In Virginia, the standard military transfer clause in a residential lease is as follows:

A. Transfer pursuant to the Servicemembers Civil Relief Act (“SCRA”). Under the SCRA, as amended and under Virginia law, a tenant who is a member of the United States Armed Forces or of the National Guard serving full-time duty, or a Civil Service technician with a National Guard Unit (“Military Tenant”) has the right to terminate Lease if such Military Tenant (a) receives orders to depart 35 miles or more (radius) from the Premises either for a permanent change of station or for temporary duty for more than 3 months, (b) is discharged or released from active duty or from full-time duty or technician status, (c) is ordered to report to government-supplied quarters resulting in the forfeiture of basic allowance for quarters, or (d) after entry into military service.

B. A Military Tenant may terminate the Lease by serving Landlord with written Notice of termination stating the date when termination will be effective. The date of termination shall not be less than 30 days after the first date on which the next rental payment is due after the date on which the written Notice is delivered. In addition, the termination date shall not be more than 60 days prior to the date of departure necessary to comply with the official orders or any supplemental instructions for interim training or duty prior to the transfer. Military Tenant shall attach to Notice of termination a copy of the orders, official notification of orders, or a signed letter from the commanding officer confirming the orders.

You will notice in paragraph B. there is a provision that states: "the date of termination shall not be less than 30 days after the first date on which the next rental payment is due......" I think this is the provision that the landlord/management is relying to require you pay the full month's rent.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.