Legal Question in Real Estate Law in California

Breaking an apt. lease

My grandson and his girlfriend (college students)

leased an apt. for one yr. last May '01 in Calif.

Parents on both sides signed as guarantors. My

grandson has joined the Navy. The Navy told him

he has a right to get out of the lease by taking

his Navy papers to the mgmt. of apt. He reports

for duty in another state on 1/14/02. The Navy

said that the apt. owner cannot come back on

Guarantor for the 6 mos. lease left as his

lease is broken/ended when he shows his Navy

enlistment papers and report date. The guarantor

is then released from the lease also. And if the

girlfriend wants to stay then she has to sign

a new lease. Is this true? I can't seem to find

anything in legal writing about this. The Navy

told my grandson that it is a Federal Law?

Thank you for any input you can give me.


Asked on 11/14/01, 1:03 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Breaking an apt. lease

I have not heard of the supposed "law" allowing service personnel to breach leases without liability, and cursory research in standard guides shows no such law or regulation. I can't say for certain that it doesn't exist, but it seems improbable, so my advice is to have the Navy or other party asserting that there is such a law cite it, chapter and verse, rather than making vague allusions to it.

Further complicating this particular situation is that the enlistment was made AFTER the lease was signed AND there are both a co-tenant AND multiple guarantors. It seems to me that even if the newly-minted sailor is excused, the girlfriend is still obligated and so are the guarantors.

If and when you can refer me to the specific law I would be happy to re-evaluate the situation and suggest how the law applies to each party: son, girlfriend, and guarantors. In the meanwhile, the landlord's position looks pretty good.

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Answered on 11/14/01, 5:15 pm
Roy Hoffman Law Offices of Roy A. Hoffman

Re: Breaking an apt. lease

Your Grandson is probably referring to the Soldiers' and Sailors' Civil Releif Act (50 U.S.C. App. 500-592). Under the act active duty military personnel (and their dependents) can be relieved of liability under a lease or rental agreement under certain circumstances. Generally, girlfriends do not qualify as "dependents" covered by the statute, and leases entered into after joining the military are not covered. You can get additional information from http://www.uscg.mil/hq/mcpocg/1geninfo/sscra.htm. You can also have your Grandson speak with the Judge Advocate General's office where he is stationed to obtain more information.

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Answered on 11/14/01, 8:12 pm


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