Active Military Duty : ezLandlordForms

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Veda E

started a topic over 4 years ago

Hi We had to go to court recently because our tenant was behind the payment by 4 months. The judge asked us if the tenant was on active military or if there was any clause in the lease. We could not prove about the tenant's being on active military even though we knew the tenant was home. So for future lease we would like to include some sort of clause in our lease to avoid such circumstances. Thought?

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Scott H

said over 4 years ago

Are they active duty? Call their command about the lack of payment.

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Matthew M

said over 4 years ago

Good morning, If they are on active duty at the time of lease signing and they are reassigned to another posting, they can legally break lease by leaving the property early. Same as if they are military reservists/National Guardsmen and called up for active duty. But that's about it. While it may be different state by state (I rent in WI), if they are behind in rent payments when mobilized (Reservist/NG), you may have to wait until their mob is over. In any event, the best way to avoid this issue is not to let it go on for four months. Good Luck