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Termination of Lease

Leases on businesses or homes may be terminated by a Guard or reserve member if these conditions are met:

• The lease was entered into before entering active duty.

• The leased premises have been occupied for the above purposes by the member or dependents.

To terminate a lease when called to active duty, a member must deliver written, not spoken, notice to the landlord. The effective date of termination is as follows:

• For month-to-month rentals, termination is effective 30 days after the next rental payment is due, subsequent to the date when the notice of termination is delivered to a landlord.

• For all other leases, termination becomes effective on the last day of the month following the month in which proper notice is delivered. The service member in question is required to pay rent only for the months before the lease is terminated.

If rent has been paid in advance, the landlord must prorate and refund any unused portion. If a security deposit was required, it must be returned upon termination of the lease.