Sunday, March 24, 2013

Feds Slam Landlord For Stiffing Rent-Paying Servicemember Out Of Security Deposit, Extra Fees On Broken Lease Properly Terminated Pursuant To SCRA


From the Office of the U.S. Attorney (Alexandria, Virginia):

  • A federal judge has ordered the landlord of a rental property in Manassas, Va., to return money owed a servicemember after he was penalized for breaking the rental lease because the military ordered him to move.(1)
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  • According to court records, Occoquan Forest Drive LLC and its registered agent, John Williams, of Alexandria, Va., leased a residential property in Manassas, Va., to a servicemember tenant and his wife. After receiving permanent change of station orders to move to Nevada, the tenants properly terminated the lease pursuant to the Servicemember Civil Relief Act (SCRA), which protects the rights of servicemembers while on active duty in the military by suspending or modifying certain civil obligations.

    The United States brought suit against Occoquan and Williams under the SCRA for refusing to return the tenants’ security deposit and charging early termination fees. In a memorandum opinion issued on Feb. 15, 2013, Judge Hilton found both Occoquan and Williams liable under the statute, ordered them to return the tenants’ security deposit, and enjoined them from imposing early termination charges.
For the U.S. Attorney press release, see Landlord Ordered To Pay Back Servicemember For Illegally Penalizing Him For Moving To New Post.

For the ruling, see U.S. v. Williams, No. 1:12-cv-551 (D.Va. February 14, 2013).

(1) In addition, the court ruling provides that the Plaintiff is entitled to the injunctive and monetary relief requested in the Complaint. For the lawsuit filed by the U.S. Government on behalf of the servicemember, see Complaint - U.S. v. Williams, et ano.

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