Common use of TRANSFER OF TENANT Clause in Contracts

TRANSFER OF TENANT. Under the Servicemembers Civil Relief Act of 2003 (“SCRA”), and under Virginia state law, a Tenant who is a member of the United States armed forces or a member of the National Guard serving full-time duty or as a Civil Service technician with a National Guard Unit (for purposes of this section the foregoing being a “Military Tenant”) shall have the right to terminate this Lease if such Military Tenant (i) receives orders to depart 35 miles or more (radius) from the Premises either for a permanent change of station or for temporary duty for more than 90 days, (ii) is discharged or released from active duty or from full-time duty or technician status, (iii) is ordered to report to government-supplied quarters resulting in the forfeiture of basic allowance for quarters, or (iv) after entry into military service, or as otherwise allowed under the SCRA. A Military Tenant may terminate this Lease by serving Landlord with written Notice of termination stating the date when termination will be effective. That date shall not be less than 30 days after the date Landlord receives the Notice, or otherwise as required under the SCRA. In addition, the termination date shall not be more than 60 days prior to the date of departure necessary for Military Tenant to comply with the official orders or any supplemental instructions for interim training or duty prior to the transfer, or otherwise as required under the SCRA. Military Tenant shall attach to Notice of termination a copy of the orders, official notification of orders, or a signed letter from Military Tenant’s commanding officer confirming the orders, or as otherwise required under the SCRA. After Please initial. Tenant / / . NVAR - 1333 - 3/2007 Landlord / exercising the right to terminate this Lease, Military Tenant remains obligated to pay rent for the 30 days following the date the next rental payment is due after the date of written Notice of termination. Tenants who are not Military Tenants have the right to terminate this Lease if transferred 50 miles or more (radius) from the Premises by the employer stated on the Rental Application. The termination shall be effective on the last day of the second calendar month following the month in which the Landlord receives the Notice of termination. The Tenant shall provide a copy of the Tenant’s transfer letter and/or orders, the final month’s rent and the following: A. 1 month’s rent if the Tenant has completed fewer than 6 months of the tenancy as of the effective date of termination, OR

TRANSFER OF TENANT. A. Under the Servicemembers Service members Civil Relief Act of 2003 (“"SCRA”"), as amended and under Virginia state law, a Tenant tenant who is a member of the United States armed forces Armed Forces or a member of the National Guard serving full-time duty full−time duty, or as a Civil Service technician with a National Guard Unit (for purposes of this section the foregoing being a “"Military Tenant”") shall have has the right to terminate this Lease if such Military Tenant (ia) receives orders to depart 35 miles or more (radius) from the Premises either for a permanent change of station or for temporary duty for more than 90 days3 months, (iib) is discharged or released from active duty or from full-time full−time duty or technician status, (iiic) is ordered to report to government-supplied government−supplied quarters resulting in the forfeiture of basic allowance for quarters, or (ivd) after entry into military service, or as otherwise allowed under the SCRA. A Military Tenant may terminate this the Lease by serving Landlord with written Notice of termination stating the date when termination will be effective. That The date of termination shall not be less than 30 days after the first date Landlord receives on which the Notice, or otherwise as required under next rental payment is due after the SCRAdate on which the written Notice is delivered. In addition, the termination date shall not be more than 60 days prior to the date of departure necessary for Military Tenant to comply with the official orders or any supplemental instructions for interim training or duty prior to the transfer, or otherwise as required under the SCRA. Military Tenant shall attach to Notice of termination a copy of the orders, official notification of orders, or a signed letter from Military Tenant’s the commanding officer confirming the orders, or as otherwise required under the SCRA. After Please initial. Tenant / / . NVAR - 1333 - 3/2007 Landlord / exercising the right to terminate this Lease, Military Tenant remains obligated to pay rent for the 30 days following the date the next rental payment is due after the date of written Notice of termination. . B. (Chech if applicable) X Tenants who are not Military Tenants military or subject to the SCRA have the right to terminate this Lease if transferred 50 miles or more (radius) from the Premises by the employer stated on the Rental Application. The termination shall be effective on the last day of the second calendar month following the month in which the Landlord receives the Notice of termination. The Tenant shall provide a copy of the Tenant’s 's transfer letter and/or orders, the final month’s 's rent and the following: A. following termination or cancellation fee: (a) 1 month’s 's rent if the Tenant has completed fewer than 6 months m onths of the tenancy as of the effective date of termination, OROR (b) One−half (1/2) of 1 month's rent if Tenant has completed 6 months or more of the tenancy as of the effective date of termination.