Would I be required to pay a full months rent if I were called to active duty on the 31st and the next month’s rent was due on the 5th?

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Would I be required to pay a full months rent if I were called to active duty on the 31st and the next month’s rent was due on the 5th?

I was called to active duty any only had 2 weeks to out process and leave. I gave my landlord a copy of my orders and I was told that I had to give them a 30 day notice and still pay a full months rent becausee that was their policy. All of my thing are out of the apartment however I have not paid the rent, mainly because I don’t have the money but I wanted to be sure that I wouldn’t be paying unnecessarily. I received an email that stated that they will be going on with an eviction notice next week if it is not paid. What do I do?

Asked on August 21, 2012 under Real Estate Law, Alabama

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under federal law, the Soldiers and Sailors Relief Act, a person who is in the military and gets deployed can legally terminate his or her lease with the landlord by giving thirty (30) days written notice of the deployment with a copy of the orders stating that the lease is being terminated. The result is that the lease is terminated without recourse with the landlord.

The only thing that the military personnel is out the time period of thirty (30) days from the notice of termination due to the deployment owed to the landlord in rent. You only have to pay one month's rent to the landlord assuming you gave proper notice of your deployment.


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