If my husband is deployed but not on the lease, can I still break my lease under the SCRA?

Asked on December 7, 2015 under Real Estate Law, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Most likely not, unfortunately. The SCRA applies only if the service member is the lessee (the person, or one of the people [e.g. if it's a husband and wife], on the lease), and the lease was signed by the service member or by someone on his behalf pursuant to a power of attorney granted by the service member. If the lease is only in your name, the SCRA would not help you--though it's still worth talking to the landlord, who voluntarily let you out of the lease under these circumstances.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.