Yes, "insane biker boy" has it right. Here is the pertinent statutory language: "In the case of a lease described in subsection (b) that provides for monthly payment of rent, termination of the lease under subsection (a) is effective 30 days after the first date on which the rental payment is due and payable after the date on which the notice under subsection (a) is delivered."
Title 50, United States Code, section 3955(d)(1).
For example, if you give the notice to the landlord on 4/15/2023, the lease is terminated effective 5/31/2023, 30 days after the next date (5/1/2023) when the monthly rent is due. Of course, the landlord can always do more than the law requires and can choose to waive the May 1 rent due.
Under section 3955, a person entering active duty, voluntarily or involuntarily, is also entitled to terminate a vehicle lease. The right to terminate a residential lease also applies to a service member who is already on active duty and who receives PCS orders to a distant location.
In our "Law Review" column, we cover the Servicemembers Civil Relief Act (SCRA), as well as the Uniformed Services Employment and Reemployment Rights Act ( USERRA) and other laws that are especially pertinent to those who serve in uniform. Please see Law Review 23001 (January 2023) for a detailed discussion of the rights of a person entering active duty under the SCRA and USERRA.
Go to
www.roa.org/lawcenter. Click on "numerical index" then "2023 articles." The 2023 articles appear in reverse chronological order, so 23001 is at the bottom of the list.
At our "Law Review" site we have more than 2,000 articles about military-legal topics, along with a detailed subject index, to facilitate finding articles about specific topics. The Law Review Library is available for free to everyone, not just members of the Reserve Organization of America (ROA). In the last two years, I have recruited three understudies--judge advocates who are young enough to be my grandchildren--to carry on this work after I am gone. But for now, I am cranking out new articles each month. For individual consultation, send me an e-mail at
samwright50@yahoo.com.
Respectfully,
Samuel F. Wright
Captain, JAGC, USN (Ret.)