[gsales]

We are in California and I have a resident who is active military is currently in a lease until 1/13. He now presented me with a "Request and Authorization for Separation" form. He is separating from military with honorable discharge and has completed his duties is choosing not to re-enlist. Is he responsible for his whole lease term since he is not being deployed or ordered to a new service location?

[ScottGem]

First its not a good idea to piggyback your question on another thread. To avoid confusion I've moved your question to its own thread.

I would think that he is responsible. He is making the choice to separate from the service and could still remain where he is. On the other hand this is a service member and deserves some respect for doing service.

I would suggest to him that you have to hold him responsible until you can replace him. And ask him to help you find a replacement.

[AK lawyer]

I believe that provisions of the Servicemembers' Civil Relief Act, as well as some state landlord-tenant acts cover this situation.

California's ll-t provisions appear to be mainly here.

[Fr_Chuck]

With that said, one at times has to look at what they CAN do and perhaps what they should do.
Most service people do not live and are not from the area where they are discharging from.

Most rentals can easily be rented out in a months time, so why not work out and let him out with perhaps just a months penalty.
As a note if you have many rentals and rent to service people on a regular basis, consider the bad press at the base if you don't let him out. Sometimes the right business choice is not always the most legal one.

[ScottGem]

Chuck said it better, but that's what I was getting out. This situation is less about what is legal and more about what is right. Legally, You are in the right (http://www.standingupforillinois.org...front/SCRA.pdf) The law clearly refers to Active Duty deployments.

But, for the reasons Chuck stated, you would better serve this country by cutting him some slack.

[AK lawyer]

... (http://www.standingupforillinois.org...front/SCRA.pdf) The law clearly refers to Active Duty deployments.
...

Unless "change of station" can be interpreted to include a discharge.

[Fr_Chuck]

Which is of course what I would use as a defense as a soldier if I were to fight it, But also where is he moving, moving across town, or moving to another state ( sorry I forgot to ask)

[ScottGem]

Unless "change of station" can be interpreted to include a discharge.

The law seems clear to me that its active duty servicemembers only.