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    Christy1114's Avatar
    Christy1114 Posts: 3, Reputation: 1
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    #1

    May 24, 2012, 04:33 PM
    Did the landlord breach our lease?
    I am needing to know what legal grounds we have, if any. We have been living in the same place in NC for almost 3 years. No problems, we are good tenants. Our lease is up on the 31st of May. The landlord failed to inform us that we will not be able to renew the lease in the proper time. On the lease it states that we are to have a 60 day notice in writing should they not intend on renewing. Now, my husband is Navy and we do not transfer until July, meaning that come the 1st of June, we will be homeless. Also, the movers can not come until June 6,7, or 8th. What can we do? We really need to be able to reside in the home for another month. Can that happen now that they breached the lease? Thanks in advance!
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #2

    May 24, 2012, 04:56 PM
    Yes, you go back to the landlord and show him the lease. If the lease automatically renews without proper notice then you tell him that the lease is renewed. However, since you are being deployed in a couple of months you will be moving then. If he doesn't accept this tell him the SCRA protects you in these circumstances. And if you have to get JAG involved you will.
    Christy1114's Avatar
    Christy1114 Posts: 3, Reputation: 1
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    #3

    May 24, 2012, 05:01 PM
    Thank you, Scott. Will the SCRA protect us from the landlord trying to get rid of us without proper notification? I know that it protects us should we have to break the lease.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    May 24, 2012, 05:45 PM
    Yes it will. It allows you to put any pending litigation on hold including evictions. But I wouldn't worry about it. The landlord would have to be pretty stupid to try and go to court for an eviction order of an active duty serviceman.

    But if he is that stupid Just talk to JAG. I'm sure they will help. But even if they don't. If you go to housing court and you present the lease and tell the court that a) the landord never gave you the required 60 day written notice and b) that you will be moving in July, I can't imagine any court signing off on an eviction.
    Christy1114's Avatar
    Christy1114 Posts: 3, Reputation: 1
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    #5

    May 24, 2012, 06:20 PM
    Sounds good, Scott. My husband will be seeking JAG in the AM. I appreciate your help!
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #6

    May 24, 2012, 06:57 PM
    Glad to help. Please come back and let us know how it works out. Frankly I would love to see the landlord's face when you confront him.

    Oh and tell your husband that I think I speak for most of the regulars here when I say thank you for your service.
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