[ginnyrn]

We have a tenant who requested a 4 year lease with out a notifying us there was a possibility of deployment. He is now being deployed. We would not have a problem honoring the termination of the lease due to the deployment but the family is wanting to move to another home in the same area while he is stations overseas. Is this grounds to terminate a lease?

[ballengerb1]

What state are you in? Most states have their own laws regarding this issue and most frequently allow a lease to be broken due to deployment. No provision or thoughts givenm to where else the other family members may live. Maybe the other place is cheaper and they will have less income and need lease space with dad/mom gone

[ginnyrn]

The home is located in Arizona-we are just upset because they requested the 4 year lease and have been demanding tenants-mold testing (negative), new ovens etc and now want to move to be closer to the schools-they knew this going into the lease-

[ballengerb1]

But from what you say they probably did not know about deployment. Read article 12 http://www.justice.gov/usao/az/right...Relief_Act.pdf to see how it applies to your situation

[excon]

Is this grounds to terminate a lease?

Hello g:

I think so. They want an entirely different house with different rents and so forth... Nahhh. That's a NEW residency, and you don't have to do it.

excon

[ballengerb1]

Afraid you do have to deal with their request according to Arizona law.

"XII. Servicemembers May Terminate Leases on Premises:
The servicemember may terminate a lease for residential, professional, business, or agricultural purpose anytime:
• after entry into military service; or
• after the date of military orders for a permanent change of station (PCS) move; or
• after the date of military orders for deployment with a military unit for at least 90 days.
The PCS order or deployment order must happen after the servicemember signs the lease. To terminate a lease, the service member must:
• deliver to the landlord (or agent) a written termination notice, saying it is pursuant to the SCRA, along with a copy of his/her military orders;
• deliver the notice and orders to the landlord in person, or by mail (return receipt requested);
• for the date the termination of a lease will become effective after delivery of notice, please consult with legal counsel;"

[excon]

Hello again, b:

I don't disagree with you. We're saying the same thing. The landlord has to terminate the lease... This tenant doesn't want to cancel, though. He wants a different arrangement altogether. I don't believe the landlord is required to comply. Pursuant to law, his tenant has two choices - terminate his present lease - or not.

excon

[ballengerb1]

"move to another home in the same area " I am figuring there is a different LL for this other home. Don't think poster means he owns both the homes. The termination is going to happen, after that the family can go anywhere and rent pretty much anything. Since the parent has not received his deployment notice he can't use this same arrangement a second time of the next LL, deployment must come after signing a lease to terminate

[excon]

Hello again,

Never mind.

excon