Military Personnel

La. R.S. 9:3261 provides a protection for armed forces members as it relates to lease agreements entered in by any active member. This includes the National Guard and the U.S. Coast Guard and allows any active duty member to terminate a lease early if any of the following occur:

· The member receives orders to report for duty 35 miles or more from the dwelling

· The member receives orders to report for three months duration, 35 miles or more from the dwelling.

· The member is ordered to reside in government supplied quarters.

· The member is notified of the availability of government supplied quarters which were not available when the lease was signed, provided the member notifies the lessor in writing of a pending request or application for government supplied quarters at the time the lease is entered into.

The member must deliver to the landlord a written notice of termination to be effective on a date not less than thirty (30) days after the date the notice is delivered.

The termination itself shall be no more than sixty (60) days prior to the date of the departure necessary to comply with the official orders given to the member.

Prior to the termination date, the member shall furnish the landlord with a copy of the official notification of orders, or a signed letter confirming the orders from the member's commanding officer, or a statement signed by the housing officer certifying that no government supplied quarters were available at the time the lease was executed.

In consideration of early termination of the lease, the member shall be liable for no more than one month's rent if, upon the effective date of the termination, the member has completed less than six months of the lease.

Alternatively, the member shall be liable for no more than one-half of the rent for one month if the member has completed at least six months of the lease.

The member shall be entitled to the full return of any security deposit, provided the member has otherwise complied with the requirements of the lease.

The provisions of La. R.S. 9:3261 may not be waived or modified by the agreement of the parties under any circumstances!