SRCA

questions & answers

Question: Three years later I find out I have to pay back discounts I received the months I rented. I moved out because off military orders. Is this not covered under the SSCRA?

Answer:

The Servicemembers Civil Relief Act (SCRA) protects members who need to terminate their lease because of their military service.  The act doesn't specifically address rent discounts or concessions, though it does state that a servicemember is still responsible for rent due prior to the effective lease termination date as well as any charges for damages and wear.  The Supreme Court, however, has said that the act read with "an eye friendly to those who dropped their affairs to answer their country's call", and in an October 2005 article in Arizona Attorney Magazine, Captain Thomas Gabriel states that the SCRA does in fact protect servicemembers from having to pay back rental discounts/concessions provided there was no waiver of the requirement. 

In sum, the answer is not clear based after research public legal resources, however there may be a strong argument to make.  For specific guidance contact an attorney directly.  Individuals may apply for free and reduced fee legal services by utilizing the Access To Justice Online Intake System on AZLawHelp.