I was recently (end of July) medically retired and had plans to stay in San Diego for my wife's job, though my home of record is in KCMO. Well, life happens fast sometimes, and we've been given a great opportunity to get out of here. We are now planning on leaving SD at the end of Dec. I've read and researched all I could in regards to the SCRA, and understand that my Retirement Orders are equal to PCS orders in breaking a lease. I just can't seem to find an answer to to my specific question. My question, though, is there a time frame in which I have to inform my landlord?
**Also, I do understand the written notice, with orders, and 30 days from the next rent payment. Just looking for a max allowable time to give that notice. Thanks in advance!
Time Limit for Lease Termination Due to Retirement/Separation
byu/Efficient_Repeat_576 inMilitaryFinance
Posted by Efficient_Repeat_576
3 Comments
If you know a year ahead of time that you will be moving due to orders, you can tell your landlord.
There is no specific max time. **However**, the law *does* say termination is effective 30 days after the first date on which the next rent payment is due after the date of notice.
With that specific wording, an argument could be made that your lease **will** be terminated 30 days after the next payment from the date you notify them. In other words, if you notify them today and pay rent on 1 September, they could say your lease is terminated at the end of September.
That said, it depends on how your lessor interprets/enforces the law and whether a court would agree with them. I wouldn’t expect a lessor to force you out earlier than you want to be, given they would lose out on some rent by doing so.
I think you’re okay as long as the lease was signed before you got separation orders. The law says you can break a lease “any time after” getting orders. https://www.law.cornell.edu/uscode/text/50/3955