Q: When having to move due to military orders. Will the service member receive their deposit back in full?
A:
Under the Servicemembers Civil Relief Act (SCRA), a service member who has to move due to military orders is typically entitled to certain protections, including the ability to terminate a residential lease early without penalty. When you receive military orders requiring you to relocate, you have the right to terminate your rental agreement with proper notice to your landlord. This notice must be in writing and accompanied by a copy of your military orders or a written verification from your commanding officer.
Upon providing this notice, your lease is considered terminated 30 days after the date that the next rental payment is due. Regarding your deposit, the standard rules for return of deposits apply. This means that the landlord should return your deposit in full, provided there are no damages or unpaid rent. However, if there are legitimate deductions, such as for damage to the property beyond normal wear and tear, the landlord can deduct these costs from your deposit.
It's important to document the condition of the property when you move out, to support your request for a full deposit return. If you face any challenges in this process, seeking legal guidance can help ensure your rights under the SCRA are fully protected.
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