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Some
of our members have inquired regarding their rights to terminate a rental
agreement prior to the end of the term if they are deployed to military
service.
If members
of the armed forces of the United States are deployed to duty or
reassigned, a question often arises as to whether their landlord may lawfully
hold them to the obligation to pay rent beyond the date of
their deployment. At least as to rental agreements at mobile
home parks in Arizona, members of the armed forces are NOT
obligated to pay rent beyond the date of their deployment. ARS sec.
33-1413, for example, provides:
Rights
of Members of the Armed Forces --Mobile
Home Rental Agreement Termination
F.
A landlord shall not prohibit a tenant who is a member
of the armed
forces of the United States from terminating
a rental
agreement with less than two weeks' notice to
the landlord if he receives reassignment orders which do not allow such
prior notification.
Unfortunately,
we are not aware of any counterparts to this provision
in statutes concerning rental apartments or houses. Nonetheless,
if an ALC member is deployed to active duty and finds themselves confronted
with continuing financial obligations under long-term contracts for rental
housing, health club memberships, etc. they should contact their ALC attorneys
for assistance in determining their rights or for assistance in
negotiating termination of such on-going obligations.
Bob
Yen
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