Military life can often feel unpredictable. Orders can come in at any time, and one of the biggest questions for service members is, “What happens to my lease if I have to move unexpectedly?”
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.
What are PCS and PCA Orders?
Before diving into the specific protections for 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.
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 undoubtedly require a physical move and often means breaking a lease agreement 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 service 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 may not always require moving, which can mean different housing-related challenges compared to regular PCS orders.
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 various 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 applies only to active duty military personnel, not those in the National Guard or Reserves unless they are on active duty for more than 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 be able to terminate 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, do not grant you the same lease-breaking privileges under the SCRA.
In such situations, you would still be bound by the terms of your lease unless there are other mitigating circumstances or unless your lease has a specific military clause that allows for termination in the case of military-related moves. While it may be worth exploring the possibility of negotiating with your landlord, there is no automatic legal right to terminate a lease simply due to receiving PCA orders.
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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 can create an hour or greater commute one way. In these cases, you need to ask yourself, is it worth the hassle of a 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, you have to determine whether the benefits outweigh the challenges of uprooting your current living situation and potentially ending a lease that the SCRA doesn’t offer protection.
Key Takeaways
- PCS Orders: You can generally break your lease with no penalties under the SCRA if you have received PCS orders requiring you to relocate more than 50 miles from your current duty station. Be sure to notify your landlord in writing with a copy of your orders.
- PCA Orders: If you receive PCA orders that don't involve relocation, you cannot break your lease automatically under the SCRA. You might be able to negotiate with your landlord, but there is no legal protection for lease termination unless you have a specific clause in your lease agreement.
- SCRA Protections: The SCRA provides active-duty service members with various 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 a few options. You can try to negotiate with your landlord, you can ride out the remainder of your lease and move after, or you can stay put in your current military rental.
If you're facing the need to break a lease due to military orders, understanding your rights under the SCRA 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.
