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Legal advice about Servicemembers' Civil Rights Agreement violation by realestate agency?


A property management company violated a policy which states that as a member of the armed forces, I am eligible to break my lease without the associated fees or rent payment (following a few constraints) due to a military move. The property management service is now refusing to talk to me and blows me off even though they've admitted I am right. They owe me money and are not paying, I believe possibly because I'm deploying in 3 weeks and they know I'm constrained on time. What can I do to stop them from blowing me off and resolve this situation as I have a wife I'm trying to take care of and get my loose ends tied up before I leave?

Yeah, I'm already aware of the constraints to the SCRA (section 200) and have already paid the 2 months (and it depends on when during the month you give your notice). However, because I was unaware of it at the time, I ended up paying an additional 2 months, and on top of that, they still charged me for advertising and break lease fees. Currently, they won't pay me back any of that money that I overpaid. As mentioned previously, they are aware I'm right in this issue.

First of all, you do have a rent payment (actually 2) when breaking your lease. You're required to give a 30 day notice, and pay for the rent for the month following that 30 days (which will be returned if they rent it out that month). It should state that in your lease, and that's actually a part of the Soldier's and Sailor's Relief Act. I looked it up because I was suspicious of our management. We gave notice July 31, we're moving out Aug 27, and our last rent payment will be for September 1st although it's looking like they've already found another tenant so that may go away.

As for what money they owe you, you need to elaborate. Have you already moved out? Are you talking about the deposit or future rent paid up front?

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