to the clause in lease ....? military Our lease does not expressly provide for a military clause, but I just read the Handbook of Virginia Landlord and Tenant, and it shows:
Ās 55-248.21:1. The early termination of the lease by the Military Personnel
A. Any member of the armed forces of the United States or a member of the National Assembly
Guard serving full time service technician or the public service with the National Guard
can, using the procedure detailed in subsection B, to terminate its lease if the
Member (i) has received orders for permanent change to leave the station 35 miles or more
(Radius) of the location of the dwelling; .. yadayadayada.
Does this mean it's the norm for Virginia, regardless of the lease say?
Q: I am a member of the Armed Forces and have been ordered to another location. What can I do with my lease?
If you are active duty or a civilian employee with the military, you may qualify for early termination of the lease under article 55-248.21:1 VRLTA. This section focuses on early termination by the people who receive orders to move at least 35 miles of their current address, and it covers people who leave active duty. You are urged to read the entire section to determine the conditions that must be met before the end of the lease early
Here is the code in its entirety: http://law.justia.com/virginia/codes/toc ...
Yes ... law prevails over anything written in the lease. A landlord can not take away rights that someone under the law, even if a tenant signs and consents.
Remember that I have seen many, many people after they move because of a change of assignment VOLUNTARY. This does not apply to military law clause.
It does not apply if you voluntarily join the army.
It applies only if you are on active duty and get called by the military for a transfer. The landlord is entitled to notice of 30 days, not prorated, and shall terminate the lease if the lease is normally filled ... he can not keep your deposit unless there securiy damages, etc.
It does not apply to temporary movement.
Yes, the Act supersedes any provision in the lease. And if you read the last sentence of your lease, he says that even if a clause is denied the others remain intact. This means they must still give you 30 days' notice (or as soon as possible after orders are issued as possible) and they are responsible for property damage
Yes state law still roll over any term of the lease provision that contradicts the law
Posted on June 19, 2010.
