Military orders can come in at any time, and one of the biggest questions for service members renting a home is whether military orders can get them out of a lease.
The answer greatly depends on your type of orders: Permanent Change of Station (PCS) or Permanent Change of Assignment (PCA). Here's what you need to know.
Photo by winniebrucephotos via Canva.com
What are PCS and PCA Orders?
Before diving into the specific protections for military members getting out of a lease, here's the difference between military PCS and PCA orders. Both types of orders call for a service member to transfer assignments, but the entitlements of each vary. What military orders qualify for lease termination?
Permanent Change of Station (PCS) orders are the most common and occur when a service member is moved to a different location for a long-term assignment. PCS moves involve relocating to another base within the United States or outside the continental U.S. (OCONUS). These orders require a physical move and often mean termination of the lease if the move doesn't coincide with the end of the lease.
Permanent Change of Assignment (PCA) orders are slightly different. These may involve a change in a military member’s assignment without the need to relocate to a new base or move long distances. For example, a service member might receive a PCA order that changes their role at their current duty station, such as reassignment to a new unit or duty. A PCA order doesn't always require a move, which can mean different housing-related challenges than a regular PCS order.
The Servicemembers Civil Relief Act (SCRA) and Military Lease Protections
The Servicemembers Civil Relief Act (SCRA) eases the burdens on active-duty service members by providing legal protections related to financial and housing matters during periods of active duty. It includes the right to terminate leases in cases of PCS orders.
It’s important to note that the SCRA lease termination applies only to active-duty military personnel, not those in the National Guard or Reserves, unless they are on active duty for over 30 days. The law also covers dependents of service members, so if you're the spouse or family member of a service member with a PCS order, you may also break a lease if necessary.
PCA Orders: The Complexity of Non-Relocation Moves
PCA orders, which generally involve a reassignment or change in job function within the same location or a duty station within 50 miles of your current one, don't grant you the same lease-breaking privileges under the SCRA.
In such situations, you're still bound by the terms of the lease unless there are other mitigating circumstances or unless your lease has specific military clauses that allow for termination with military-related moves. While it may be worth exploring the possibility of negotiating with your landlord, there is no automatic legal right to end a lease solely because you received PCA orders.
Photo by Ketut Subiyanto from Pexels via Canva.com
Do PCA Orders Warrant a Move?
If your PCA orders involve a significant change in duties but keep you stationed in the same location, there's no apparent reason to move.
However, it might make sense for service members transferring to another military installation to move. For example, those stationed at Camp Pendleton may easily wind up at MCAS Miramar. Servicemembers at Joint Base Myer-Henderson Hall, may be reassigned to Fort Meade NSA. Though close in mileage, traffic in these areas creates an hour or greater commute one way.
In these cases, you need to ask yourself, is it worth the hassle of a PPM or DITY move to preserve a work/life balance for the family? Is it worth another school transition? Will the commute offer a welcome buffer? These questions are yours to answer.
Ultimately, determine whether the benefits outweigh the challenges of uprooting your current living situation and potentially ending a lease for which the SCRA lease termination doesn’t offer protection.
Key Takeaways to Understand for PCA Orders
- PCS Orders: You can generally break your lease with no penalties under the SCRA if you received PCS orders requiring you to move over 50 miles from your current duty station. Notify your landlord in writing with a copy of your orders.
- PCA Orders: If you receive PCA orders that don't involve relocating, a termination of lease doesn’t automatically fall under the SCRA. You might negotiate with your landlord, but there's no legal protection for lease termination unless there’s a specific clause in your lease agreement.
- SCRA Protections: The SCRA provides active-duty service members with legal protections regarding leases, but these protections are most effective with PCS moves.
- Alternatives: If your PCA orders don’t fall at the end of your lease but you wish to move, you have options. Negotiate with your landlord, ride out the remainder of your lease and move after, or stay put in your current military rental.
If you need to break a lease due to military orders, understanding your rights under the SCRA and military clauses is essential. Whether it's a PCS or PCA move, knowing the specifics of your orders can help you navigate the complexities of breaking a lease without unnecessary financial strain.
