NORFOLK, Virginia — An amendment to Virginia’s military lease law was finalized over the weekend, ensuring local landlords and property managers will no longer find themselves in hot water with the Department of Justice.
Gov. Glenn Youngkin brought Virginia’s military lease law into compliance with federal law over the weekend as he acted on 84 fast-tracked bills. The amendment removed the 35-mile requirement for early lease termination for military members — a stipulation that has resulted in at least one Virginia property management company being charged with violating the Servicemembers Civil Relief Act.
Previously, Virginia law only allowed a lease termination for orders that moved service members 35 or more miles from their current residence. The state law conflicted with federal law, which places no mileage restrictions on a service member’s residential lease termination rights.
“This bill received the swift action it deserved,” Del. Jackie Glass said.
Glass, a Democrat representing part of Norfolk, introduced House Bill 352 in January, and it was passed by the House and the Senate about one month later. The House’s version was passed with an emergency clause, which meant the legislation would go into effect immediately upon the governor’s signature instead of the typical July 1 date.
“In regions like Hampton Roads, home to many of our military personnel, ensuring their tenant rights and protections are no longer bound by arbitrary distances is a straightforward yet significant step towards aligning Virginia with federal law and honoring their sacrifices for our nation’s security,” Glass said.
The state law was changed too late for one property management company operating across Hampton Roads. McGowan Realty LLC, doing business as RedSail Property Management, found itself in hot water over the 35-mile requirement following a complaint alleging it violated the Servicemembers Civil Relief Act.
The company agreed in January to pay more than $10,000 to the sailor and another $3,000 in civil penalties and to provide Servicemembers Civil Relief Act training to its employees.
Brian McGowan, principal broker for RedSail, said the company acted within Virginia law as advised by its attorney. The early lease termination fee, he said, was paid in full to the homeowner.
After the Department of Justice announced the settlement, McGowan said his business was the target of online attacks.
“While I’m glad that state law will soon be compliant with federal law, I’m also pretty aggravated that it took the Department of Justice making an example of me to get lawmakers’ attention,” McGowan said.
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