[CO] Can a lease be terminated early under the SCRA when a soldier receives ETS separation orders?

I understand how stressful it can be to deal with lease issues, especially in your situation. Can you please tell me when your boyfriend’s ETS orders were issued?

Have you already communicated with your landlord about the situation, and if so, what was their response?

Is there anything else the Landlord-Tenant Lawyer should know before I connect you? Rest assured they’ll be able to help with your lease termination.

Hey there! Welcome to our service. I’m Andres Sanchez, an attorney with many years of experience. I understand you’re dealing with a situation where your landlord is not allowing you to break the lease early despite your boyfriend’s Army ETS orders. Have you considered any legal steps to address this situation?

Got it. Have you checked if your lease includes any specific military clauses that might allow for early termination? This could be important in your situation.

Thanks for letting me know. Have you provided your landlord with a copy of the ETS orders or any other documentation related to your boyfriend’s military status?

Based on your situation, there are several legal arguments and considerations in lease agreements that could potentially support your case:

The Servicemembers Civil Relief Act (SCRA) is a federal law that provides certain protections to military members as they enter active duty. While your boyfriend is no longer active duty, it’s important to note that the SCRA allows for the termination of residential leases without penalty under specific conditions, such as receiving military orders for a permanent change of station or deployment.

Lease agreements often have specific clauses regarding early termination. If your lease specifies a 45-day notice from the end of the lease, it means that the notice period is intended to apply at the conclusion of the lease term, not for early termination. This can be a common point of confusion.

Landlords are generally required to mitigate damages, meaning they must make reasonable efforts to re-rent the property if a tenant breaks the lease. This means they can’t simply charge you for the remainder of the lease term without attempting to find a new tenant.

Under the SCRA (50 U.S.C. § 3955), active duty servicemembers can terminate a lease with a 30-day notice if they receive orders for a permanent change of station or deployment. Since your boyfriend is no longer active duty, the SCRA may not apply directly. However, here are some steps you can take:

1. Review Your Lease Agreement: Double-check the lease for any clauses related to military service or early termination. Even if the SCRA doesn’t apply, some leases have specific provisions for military members.
2. Communicate with Your Landlord: Provide a written notice to your landlord explaining your situation, including a copy of the ETS orders. The SCRA’s own termination procedure in 50 U.S.C. § 3955(c) is built on exactly this pairing of written notice and a copy of the orders. While the SCRA may not apply, this documentation can sometimes help in negotiating a solution.
3. Negotiate Terms: Try to negotiate with your landlord to find a mutually agreeable solution. This could involve discussing the possibility of finding a new tenant to take over the lease or negotiating a reduced lease break fee.
4. Seek Legal Advice: Consider consulting with a local attorney who specializes in landlord-tenant law. They can provide specific advice based on your lease and local laws, and help you understand your rights and options.
5. Explore State Laws: Some states have laws that provide additional protections for military members or specific conditions under which a lease can be terminated early. Check if your state offers any such protections.