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Legal Reminder - New SCRA Court Ruling

  • Arian Wahab
  • Maria Flaks
Feb 15, 2024

A new ruling by the DOJ has resolved a discrepancy between the Servicemembers Civil Relief Act (SCRA) and the Virginia Residential Landlord and Tenant Act (VRLTA). The SCRA allows for active duty service member tenants to terminate their leases early without penalty if they receive official orders to report to a new location; however, the VRLTA states that this protection only applies if the new location is at least 35 miles away. Earlier this year, the U.S. District Court of the Eastern District of Virginia found the VRLTA’s 35-mile requirement to be too restrictive to service members, and ultimately ruled that federal law should supersede the state statute. Now, servicemember tenants are allowed to terminate their leases early in Virginia without regard to the location requirement imposed by the VRLTA.  

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