“Does the Servicemembers Civil Relief Act apply when only the serviceman’s SPOUSE is listed on the lease?”
July 9, 2024
*Please note: Any questions regarding Legal Hotline Spotlights should be submitted via the Virginia REALTORS® Legal Hotline. Our attorneys are unable to respond to questions through our comments section.
Q: “I have a tenant who is requesting an early termination of their lease pursuant to the Servicemembers Civil Relief Act (SCRA). Her husband is in the military and has received orders to relocate. However, the husband is not named on the lease as a tenant or occupant. Is the tenant able to terminate the lease without penalty under the SCRA?”
A: The answer here is no, the SCRA does not provide protections for spouses of servicemembers if the servicemember is not on the lease. If a servicemember and his/her spouse are both listed on the lease, then the SCRA protections apply to both spouses; neither spouse could be charged an early termination fee. However, the protections of the SCRA do not extend to lease agreements, whether residential or for motor vehicles, that are entered into solely by a servicemember’s spouse or other family member. In this case, the servicemember is not named on the lease so the spouse can be charged an early termination fee.
Have a question about this article? Submit it to the Legal Hotline!
The Legal Hotline is a member benefit that has been supporting members for over 25 years. Our team of lawyers answers your important questions about real estate transactions quickly and accurately (usually within three business hours!).
Here are some tips to help make the Legal Hotline work for you!
You might also like…
“How do I know if equipment on a property conveys with the sale?”
By Ryan Leonard - October 2, 2024
*Please note: Any questions regarding Legal Hotline Spotlights should be submitted via the Virginia REALTORS® Legal Hotline. Our attorneys are unable to respond to questions through our comments section. Q: … Read More
Appliance Maintenance for Property Managers: Who is Responsible in Different Scenarios?
By Ryan Leonard - October 2, 2024
Suppose you manage a property and you receive a notice from one of the tenants that an appliance has stopped functioning properly. The first question is, who is… Read More
“I am the listing agent, is it legal to have another brokerage hold an open house for my seller?”
By Santiago Montalvo - September 26, 2024
*Please note: Any questions regarding Legal Hotline Spotlights should be submitted via the Virginia REALTORS® Legal Hotline. Our attorneys are unable to respond to questions through our comments section. Q:… Read More