Servicemembers Relief Act Lawyer in Maryland – No Early Lease Termination Fees

Whitney, LLP’s Servicemembers Relief Act lawyers in Maryland help active-duty servicemembers and military families fight back when a landlord charges an early lease termination fee.  Under the Servicemembers Civil Relief Act (SCRA), a servicemember who receives Permanent Change of Station (PCS) orders or qualifying deployment orders can terminate a covered residential lease without paying an early termination charge.

Even so, some Maryland landlords charge the Illegal early termination fee anyway, send the balance to a debt collector, and report it to the credit bureaus. Whitney, LLP’s Maryland SCRA lawyers help service members who were hit with illegal early termination fees understand their rights and hold landlords accountable.

Whitney LLP has significant experience suing Maryland landlords who take legal actions against their tenants and flagrantly violate the law. We have found that it often takes a lawsuit being filed to stop their legal actions and make our clients whole.

Contact Whitney, LLP for a Free Service Members’ Relief Act Case Evaluation at 410 583 8000, or use our Quick Contact Form.

Whitney LLP represents clients across Maryland in a variety of cases.  We help our clients fight back against unfair and illegal practices.

This blog focuses on SCRA lease terminations. The SCRA also covers certain motor vehicle leases and other financial protections.  If a dealership or leasing company is refusing to release a service member from a car lease after military orders, Whitney, LLP’s auto fraud lawyers can help.  For other SCRA issues, contact Whitney LLP and we can provide a free SCRA Case Evaluation.

Watch our YouTube Channel to learn about the consumer rights cases we handle and some of our results.

SCRA Early Lease Termination Fee Lawsuit Filed in Laurel, MD

In a SCRA lawsuit filed by Whitney, LLP’s Servicemembers Civil Relief Act lawyers against an apartment complex in Laurel, Maryland, an active-duty service member signed a one-year apartment lease in Maryland and later received PCS orders requiring a move out of state. The service member properly emailed the landlord written notice with a copy of the orders and told the property’s staff the lease was being terminated under the SCRA.

However, after the service member moved out, the landlord’s final account statement included an early termination fee of almost $4,000, plus additional fees, and the account was sent to a debt collector and reported on the service member’s credit.  When he disputed the debt and explained that the SCRA did not allow the landlord to charge those fees, the landlord ignored him.

The landlord kept pursuing the debt even after a military housing office and a military legal assistance attorney each told the landlord in writing that it was violating the SCRA. The case is pending.

Damages and compensation sought in the SCRA early termination fee lawsuit include economic loss, emotional distress and punitive damages, as well as attorney’s fees.

If a landlord charged you an early termination fee after you received military orders, you may have valid legal claims and may be able to recover significant compensation.

Servicemembers Civil Relief Act: No Early Lease Termination Fees

The SCRA, 50 U.S.C. § 3955, allows service members to terminate certain residential leases when military service changes where they must live. A lease can be covered by the SCRA in two main ways:

• the service member signed the lease and then entered military service during the lease term; or
• the service member signed the lease while in military service and then received PCS orders, or orders to deploy for at least 90 days.

The lease can be for a home occupied by the service member or the service member’s dependents, such as family members. The SCRA protects members of the Army, Navy, Air Force, Marine Corps, Space Force and Coast Guard, activated National Guard and Reserve members, and others who qualify as service members under the statute.

How a Servicemember Terminates a Lease Under the SCRA

To terminate, the service member delivers written notice to the landlord or the landlord’s agent, along with a copy of the military orders. Notice can be delivered by hand, by private carrier, by mail with return receipt, or reasonable electronic means. For a lease with monthly rent, termination takes effect 30 days after the first date the next rent payment is due after notice is delivered.

What a Landlord Can and Cannot Charge under the SCRA

The SCRA prohibits an early termination charge when a service member lawfully terminates a covered lease. Maryland law adds another layer of protection. Under Md. Code Ann., Real Property § 8-212.1, a service member who receives a change of assignment is liable only for rent and lawful charges already due, plus 30 days’ rent after giving written notice and proof of the assignment.

Maryland landlords may not collect illegal fees against tenants who comply with the SCRA.

Common SCRA Lease Violations by Maryland Landlords

Service members who contact Whitney, LLP’s SCRA lawyers often describe some version of the same problems:

• an early termination or “lease break” fee charged after military orders were provided;
• demands for rent for the remainder of the entire lease term;
• refusal to accept email notice, or demands for more notice than the SCRA requires;
• charges for normal wear and tear, or for work already completed by the service member;
• sending the alleged debt to a collection agency or reporting it to the credit bureaus; and
• ignoring letters from base housing offices and military legal assistance attorneys.

The harm goes beyond the fee itself. A collection account can damage a service member’s credit, interfere with a home or vehicle purchase, and create real concern about security clearances and military career advancement, since the military places significant weight on a service member’s financial standing.

Compensation for SCRA Violations in Maryland

The SCRA gives service members a private right of action under 50 U.S.C. § 4042. A court can award equitable and declaratory relief and money damages, and can award reasonable attorney’s fees to a service member who prevails. When a landlord tries to collect a debt it has no right to collect, service members may also have claims under the Maryland Consumer Debt Collection Act and the Maryland Consumer Protection Act.

Depending on the facts, service members may be able to recover:

• the unlawful early termination fee and other improper charges
• economic losses caused by damaged credit
• emotional distress
• punitive damages in appropriate cases
• attorney’s fees and court costs

Whitney LLP’s SCRA lawyers have experience recovering compensation and stopping illegal debt collection claims under the Maryland Consumer Debt Collection Act and the Maryland Consumer Protection Act.

Debt Collection Harassment After an SCRA Violation

An unlawful early termination fee rarely stops at the final account statement. When a landlord refuses to remove a fee the SCRA prohibits, the next step is often collection: repeated calls and letters, a hired collection agency, and a negative account on the service member’s credit report.

Whitney, LLP’s Maryland debt collection harassment lawyers have successfully represented clients against landlords, lenders, car dealers and other businesses that use illegal tactics to collect money they are not owed. The same laws protect service members who are pursued for fees the SCRA bars.

Illegal Debt Collection Practices Against Servicemembers

When a landlord or debt collector attempts to collect and illegal fee, their actions likely violate violate Maryland and federal law:

• claiming or attempting to enforce a right that does not exist, such as collecting an early termination fee the SCRA prohibits or other illegal fees;
• hiring a collection agency to pursue a debt the landlord knows or should know is unlawful;
• reporting the alleged debt to the credit bureaus, or threatening to, while knowing it is not owed or without noting that it is disputed;
• continuing to call, text or write after the service member disputes the debt or asks the collector to stop in writing;
• contacting a service member’s employer, command or family about the alleged debt; and
• misrepresenting the amount, character or legal status of the debt.

Whitney, LLP’s Debt Collection Harassment Lawsuit – Results

Read more about how Whitney, LLP’s debt collection harassment lawyers fight back against illegal debt collection tactics:

• Maryland Attorneys for Debt Collection Harassment: your rights under the MCDCA and FDCPA, and the steps to take when a collector crosses the line
• $30,000 settlement for clients who received abusive text messages from a car dealer trying to collect a disputed debt
• Car dealer police impersonation and harassment: a dealer allegedly impersonated a police officer by text to pressure a customer to pay a disputed debt
• $30,000 car dealer harassment settlement after a dealership threatened customers with criminal charges over a lost cashier’s check
• Maryland wrongful repossession lawyer: when a collector or tow company takes a vehicle without the right to do so

If you are being harassed over an SCRA-barred fee, call Whitney, LLP’s Service members Relief Act lawyers for a Free Debt Collection Harassment Evaluation at 410 583 8000.

Whitney, LLP’s Landlord-Tenant Lawsuits – Results

Whitney, LLP’s lawyers have successfully recovered significant compensation and cancelled significant debt in lawsuits against Maryland landlords. Past landlord-tenant results include:

• $275,000 illegal eviction settlement for a tenant whose apartment was emptied out after her landlord mistakenly executed an eviction on the wrong unit
• $225,000 illegal eviction settlement after a tenant was illegally evicted following an expired warrant of restitution
• $140,000 Forestville illegal eviction settlement for a family evicted after their landlord agreed to stop the eviction
• $70,000 illegal eviction settlement for a tenant whose belongings were removed before his lease’s move-out date

Of course, every case is different, and past results do not guarantee a future outcome. You can read about more of our results on the firm’s Maryland illegal eviction lawyer page.

Servicemembers Relief Act Lawyer in Maryland

Maryland is home to service members stationed at or near Fort George G. Meade, Joint Base Andrews, Aberdeen Proving Ground, the U.S. Naval Academy, Walter Reed National Military Medical Center, Naval Air Station Patuxent River, Naval Support Facility Indian Head, Fort Detrick and the Coast Guard Yard, along with Maryland National Guard and Reserve members throughout the state. Many rent apartments, townhomes and houses in the surrounding communities including:

• Fort Meade and Anne Arundel County: Odenton, Severn, Laurel, Jessup, Hanover, Glen Burnie, Linthicum, Millersville, Crofton, Arnold and Annapolis
• Howard County: Columbia, Ellicott City and Elkridge
• Joint Base Andrews and Prince George’s County: Camp Springs, Clinton, Upper Marlboro, Suitland, Temple Hills, Oxon Hill, Fort Washington, Bowie, Brandywine, Lanham and Greenbelt
• Montgomery County and the Bethesda area: Bethesda, Silver Spring, Rockville, Gaithersburg, Germantown and Wheaton
• Baltimore, Harford County and Aberdeen Proving Ground: Baltimore, Towson, Catonsville, Dundalk, Essex, Middle River, Aberdeen, Edgewood, Bel Air, Abingdon and Havre de Grace
• Southern Maryland: Lexington Park, California, Leonardtown, Waldorf, La Plata, Indian Head, Prince Frederick and Solomons
• Frederick, Western Maryland and the Eastern Shore: Frederick, Hagerstown, Westminster, Salisbury and Easton

Daniel W. Whitney Jr. and Daniel W. Whitney of Whitney LLP

Talk to Whitney, LLP’s Servicemembers Relief Act Lawyers in Maryland Today

If you are a service member in Maryland, or a service member who has been relocated out of state, and a landlord charged an illegal early termination fee or otherwise violated the SCRA, call us for a Free SCRA Consultation.

Contact Whitney, LLP for a Free Maryland Service Members’ Relief Act Case Evaluation at 410 583 8000, or use our Quick Contact Form.

SCRA Frequently Asked Questions

Can a landlord charge a service member an early termination fee in Maryland?

Not when the SCRA applies. The SCRA prohibits an early termination charge when a service member lawfully terminates a covered lease after receiving PCS orders or qualifying deployment orders.

How much notice must a service member give to terminate a lease under the SCRA?

The SCRA does not require a set advance-notice period. The service member gives written notice with a copy of the military orders, and for a lease with monthly rent, the termination takes effect 30 days after the next rent due date following delivery of the notice. The sooner notice is delivered, the sooner the lease ends.

Does the SCRA apply if I signed my lease before I joined the military?

Generally, yes. A lease signed before entering military service is covered if the service member enters military service during the lease term. A lease signed during military service is covered when the service member later receives PCS orders or qualifying deployment orders.

What can I recover if my landlord violated the SCRA?

Depending on the facts, service members may recover the unlawful fees, economic losses from credit damage, emotional distress damages, punitive damages in appropriate cases, and attorney’s fees and costs.

Is it debt collection harassment if my landlord sends an SCRA-barred fee to collections?

Yes. A landlord or collector that tries to collect a fee it has no right to charge or reports it to the credit bureaus while knowing it is not owed violates the Maryland Consumer Debt Collection Act, in addition to the SCRA. Whitney, LLP’s Maryland debt collection harassment lawyers have experience helping tenants fight back against illegal debt collection.

This blog is for informational purposes only and does not constitute legal advice. Prior results do not guarantee future results, and all cases are different.