[macpack22]

Can a landlord terminate a lease in Washington state for any reason? If so, how much notice is required and by what means?

[JudyKayTee]

Rather than have me research ALL the reasons a landlord can terminate in WA - and the reasons and time frame vary - what is the situation?

[macpack22]

I have a tenant who has told me that they will be potentially exercising their military clause. The tenant has orders to depart in August and has given me a date of 10 Aug, but does not have approval for his dependants as of June 28. He has not given us official notice or a copy of his orders, just an email response to an inquiry. I have been asked, via email if the wife and children would be able to stay in the house for up to 18 additional months. It has been 2 weeks since we have communicated and he is not responding to our messages with a firm date. I would like the family to be out of the house by the end of August so I can re-lease the house since they are breaking a valid lease. We are both military members stationed on separate coasts and I am concerned that they are not being truthful and I am uncomfortable with the lack of communication. We have a signed lease through February of 2012 which was signed in February of 2011. I have no problem with the tenant exercising the military clause, I just need to know when. I don't want the service member to move out now and then have his family leave at a separate time - getting new tenants in off season and winter months is very difficult and will definitely leave us in a bind.

[macpack22]

The service member has told us that the family has been screened, but again, has not communicated with us in several weeks. I know there is a 30 notification according to the Soldiers and Sailors Act. We are coming up on that window of time, but as a landlord, I am a little frustrated since I cannot place an ad for the house until I receive notice in writing??

[AK lawyer]

... I have been asked, via email if the wife and children would be able to stay in the house for up to 18 additional months. ...

If they are staying for "up to" 18 more months, it doesn't sound like the family will in fact be terminating the lease early.

But so you are suggesting that the Servicemembers Civil Relief Act contains a provision allowing an active duty servicemember to get out of an otherwise valid lease. Unfortunately I am not familiar with that portion of the act, if that's what you are suggesting. As you know, the Act is actually an appendix to Title 50 of the U.S. Code, and therefore is difficult to run down.

Is this Act what you mean by "the military clause"?

Anyway, the title of this thread suggests that you want to know whether you can declare that the tenants have breached the lease, and force them out now. As I say, it is not clear that they have breached. Unless the family is saying that they won't be staying until February, they have not.

[ScottGem]

The SCRA requires that notice be given prior to a full rental period. So if rent is on the first of a month, they would have to give you notice prior to the first of the month. Given that it is 6/27, they cannot terminate their lease prior to 8/1. If they don't give you notice prior to 7/1, they can't terminate until 9/1. That means they will still owe you rental until that time.

You cannot break the lease under these circumstances. But you will have at least 30 days to try and find a new tenant maybe more.

[Fr_Chuck]

And they can either give you notice of the move for military reasons, or they will have family stay afterwards. If the family are going to stay, they will stlll be under the lease and it is not breaking. ** they can't have it both ways either.

But you can only break the lease for the grounds written into the lease.

[AK lawyer]

... the Act is actually an appendix to Title 50 of the U.S. Code, and therefore is difficult to run down.
...

Ok, here is the text of the pertinent portion (Appendix to Title 50, USC, § 535. Termination of residential or motor vehicle leases
):

"(a) Termination by lessee
(1) In general
The lessee on a lease described in subsection (b) may, at the lessee’s option, terminate the lease at any time after—
(A) the lessee’s entry into military service; or
(B) the date of the lessee’s military orders described in paragraph (1)(B) or (2)(B) of subsection (b), as the case may be.

...
(b) Covered leases
This section applies to the following leases:
(1) Leases of premises
A lease of premises occupied, or intended to be occupied, by a servicemember or a servicemember’s dependents for a residential, professional, business, agricultural, or similar purpose if—
(A) the lease is executed by or on behalf of a person who thereafter and during the term of the lease enters military service; or
(B) the servicemember, while in military service, executes the lease and thereafter receives military orders for a permanent change of station or to deploy with a military unit, or as an individual in support of a military operation, for a period of not less than 90 days.
(c) Manner of termination
(1) In general
Termination of a lease under subsection (a) is made—
(A) by delivery by the lessee of written notice of such termination, and a copy of the servicemember’s military orders, to the lessor ...
"

Until OP receives a copy of a written notice of termination, along with a copy of the orders (such orders providing for deployment for more than 90 days), termination by the tenants is not effective.

[ScottGem]

Until OP receives a copy of a written notice of termination, along with a copy of the orders (such orders providing for deployment for more than 90 days), termination by the tenants is not effective.

Exactly! More importantly, the tenant will be responsible for the rental until the termination becomes effective.

[AK lawyer]

Exactly! More importantly, the tenant will be responsible for the rental until the termination becomes effective.

Of course, if tenant fails to comply with this, and nevertheless moves out &/or fails to pay rent, LL would be faced with the other SCRA obstacles to an eviction or collection lawsuit.

[macpack22]

Thank you for your reply. The information is helpful and will assist with our process. I have a scenario I would like to run by you.

In order to terminate the lease under the SCRA, is the termination date determined by the detatch date or when the tenant gives notice of a date they would like to move (ie; detatch in July - can the tenant give a termination date of September 30? Basically, when the service member leaves, can he leave his family behind for an extended period and terminate the lease at a later date than what his orders state? As a landlord, we want them out sooner rather than later - can we hold them to the detatch date?

[ScottGem]

The service member has a choice. They can either choose to use the SCRA to get out of the lease or they can honor the lease. They can't choose both. If they get deployment orders they notify when they receive orders and they will be responsible for up to the next full month. If they choose to have the family stay, then the lease remains in effect.