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    3 Common Misconceptions about the Military Clause

    Are you unsure what's covered by the military clause in your lease and what isn't? You're not alone!

    The military clause is often a confusing portion of a lease, so we're looking at three frequently misunderstood concepts related to the clause. Knowing the differences between the Servicemember Civil Relief Act (SCRA) and a military clause can save a great deal of angst if military orders for deployment or departure appear.

    Picture of people sitting at desk across from each other signing paperwork on clipboard with keys, computer, and phone and text, 3 Common Misconceptions about the Military Clause

    Assumption #1: The SCRA and a military clause are the same.

    Fact: The SCRA and military clause are different.

    • The SCRA is a federal law that allows service members to negate the dates in a lease if they have been issued deployment, temporary, or PCS orders that will remove them from the area for 90 days or more. Military members who are activated or reactivated are included in the coverage.
    • The SCRA allows most military renters to break their lease, regardless of whether a military clause is included in the document.

    What Renters and Landlords Should Know About the SCRA rounds up all of the need-to-know information so you can rent a home legally.

    Assumption #2: A military clause alone removes renter responsibility.

    Fact: Renters have lease obligations.

    • Renters must notify landlords in a timely manner of their departure. A letter stating that the service member intends to invoke SCRA coverage, along with a copy of the orders, is standard. However, a letter from command stating that the orders are pending is also acceptable if they are slow to arrive.
    • Landlords aren't always obligated to remove you from a lease if you choose to live on base unless you're officially ordered by the command. Each state has its own laws dictating how these terms apply, however.
    • The military clause helps landlords and renters negotiate terms that may specifically come from changes in military orders, such as a PCA move. One example would be if you initially were driving a manageable commute, but then later find yourself driving an unexpectedly difficult commute between Fort Belvoir and Fort Meade. Unless you have asked for this type of military clause to be inserted in the lease and the landlord has approved, the landlord isn't required to break the lease early because of your new commute.

    Assumption #3: SRCA enactment implies no rent is due.

    Fact: Landlords must still receive payment.

    • Lease termination is effective 30 days after the next rent payment is due. For example, if your payment is due at the first of the month, and you give notice on April 7, the lease ends May 31.
    • Landlords may not hold security deposits for any retribution for the lease break. They can, however, keep money for damage beyond normal wear and tear.

    A PCS move or deployment can be stressful if you're unprepared or surprised by the change. Understanding and feeling comfortable with military clauses and the SCRA helps to make the transition smoother and less chaotic. MilitaryByOwner provides numerous resources to assist with moving and relocation. Legal forms, PCS checklists, and much more are available under the website’s Resources tab.

    Note: this post does not constitute legal advice, but is for informational purposes only. Please consult your local and state laws and military installation's legal office for more information about the SCRA and the role of military clauses in rental leases.

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    Dawn M. Smith

    Author

    Dawn M. Smith

    Dawn is a real estate and military life writer who has a serious HGTV habit. When she is not writing, her teen daughter, Army husband, and golden retriever keep her busy through chauffeur duties, travel planning, and long dog walks. Dawn is pleased to share her experiences with MilitaryByOwner readers who are hoping to simplify military family journeys of all kinds. Follow Dawn on Pinterest for more ideas and resources and visit her site at Dawn M. Smith Custom Content Creation.