Deployments and breaking a lease contract under the provisions of the SCRA.

2015-10-28T11:21:33-04:00

I am in the Army and am leasing my house to another service member who is in the Air Force. My tenant notified me that he will be deploying and is breaking his lease, as covered in the Service Member’s Relief Act (SCRA). I was understanding of the situation and informed him that all I will require a formal notification and a copy of his orders (or letter from commander). He sent me his memo; however, it said that it his deployment was for 60 days or more. According to the SCRA, a deployment of 90 day is required. I informed my tenant and he turned around with another memo signed by the same E-5 stating the deployment was for more than 180 days. This seemed strange to me so I contacted the SJA. The SJA contact the commander of the 19th ASOS who said the deployment would be for greater that 180 days. I am inclined to believe them; however, I have been a member of companies where the commander told lies and was not entirely ethical when he thought he could not be implicated. My question is, how can I verify that the company commander is telling the truth about the deployment, or is it just his word against mine?

Response by 1stSgt Private RallyPoint Member made Oct 28 at 2015 1:00 PM

2015-10-28T13:00:49-04:00

Contact your SJA, everyone here is a sea lawyer

Response by CSM Michael Chavaree made Oct 28 at 2015 1:24 PM

2015-10-28T13:24:04-04:00

So basically you assume everyone is lying until proven otherwise? The guy has provided you with the necessary documents verified by a Commissioned Officer. You mention he is from an ASOS, those guys deploy frequently and for undeturmined amounts of time... I would let this one go.

Response by SSG Carlos Madden made Oct 28 at 2015 1:38 PM

2015-10-28T13:38:24-04:00

Here are some people from 19 ASOS that might be able to assist you.

19th Air Support Operations Squadron | RallyPoint

19th Air Support Operations Squadron

Response by Capt Mark Strobl made Oct 29 at 2015 1:54 AM

2015-10-29T01:54:30-04:00

Whoa... might want to choose your battles here. First, let me say that I am NOT implying any wrong-doing by you, the other service-member, or their admin chief. But, you are a Warrant Officer. If your tenant is subordinate to you in rank, you may want to drop this altogether: You entered into this contract as a "landlord" and "tenant." A civilian judge will likely find in favor of the tenant --especially as the tenant provided the requisite documents to release them from the agreement. However, a military judge may not look favorably upon Warrant Officers who enter into contracts with subordinates. Just my $0.02.