Imagine for a moment that you’ve just signed a residential lease on a cute little property at your new assignment. Suddenly, with one fell swoop of an email, you’ve been notified that your orders have changed.
You're now headed to a completely different assignment. This baffling situation may remind you of placing a take-out order from a favorite fast food joint, “I’ll have an order of stress with a side of frustration...and super-size it, please!”
Thankfully, there is hope. A federal law called the Servicemember Civil Relief Act (SCRA) is a legal statement allowing an active duty member out of a lease with official military orders. Plain and simple.
As outlined in the post, 3 Common Misconceptions About the Military Clause, there are rules to follow as this whole situation plays out.This plan includes providing the landlord with
Remaining honest and straightforward as you interact with your landlord may help ease this spontaneous transition.
Additionally, you may want to book an appointment with the legal assistance office of the closest military installation. A legal professional at that office can give you more details about the SCRA, as well as inform you of state and local landlord and tenant laws.
For example, when moving to ye olde Virginia, the guidelines of a rental agreement may differ from what is stated in a current lease in sunny California. The legal virtuosos know the ins and outs of laws and bylaws and can guide you through this unexpected turn.
RELATED: WHAT EXACTLY IS A MILITARY CLAUSE?
Perhaps this letter could be sent to your landlord via certified mail, for security and tracking purposes.
As explained in What Exactly Is a Military Clause?, the terms of this clause may offer added tenant protection for a military member and their family. If a lease you're considering does not already have a military clause, discuss with the landlord the terms you’d like to include, for their benefit and for your own.
To find out what lingo is commonly used with a clause, consider a visit to the nearby military housing office. A representative at a military housing office may have samples of local leases and how they're laid out. Taking time to review these important details may help tailor a lease with the best fit for your military lifestyle.
Just to review, if you find yourself needing to break your lease due to official military orders, under the SCRA your lease will terminate 30 days after the first date on which the next monthly rent payment is due. So, plan accordingly to cover rent for the following month even though you will not reside there.
If you've been completely open and honest with the landlord and provided written notice and a copy of your orders in a timely fashion, the landlord cannot attempt to penalize you for breaking the lease by refusing to return your security deposit. However, if you leave the property damaged, beyond normal wear and tear, it is within the rights of the landlord to withhold your security deposit.
While on the topic of spontaneous military orders, sometimes being assigned military housing may also be a spontaneous moment. At certain assignments, the housing wait list is epic, leaving you and your family unsure of how long you may be without a place to live. While keeping your name on the housing list, it may be a good idea to alert the housing office of your plans to begin a lease off base.
They may offer suggestions for working with a landlord and your current situation. For example, the terms of your lease could stipulate month-to-month renting guidelines. Or, you may come to an agreement with the landlord regarding the temporary nature of your housing needs. Ensure that the landlord understands your intent to live in military housing upon availability. Be aware of what the landlord may require from you upon discontinuing your lease, such as one or more months of rent or for you to find a new tenant to move in.
Working with your landlord to agree upon fair terms may prevent frustration and unwelcome stress. As mentioned earlier, it may be a good idea to go over the terms and clauses of the lease with a legal professional before signing.
Of course, the information included here is for discussion and informational purposes, and is not meant to be taken as legal advice. To delve into the specifics of the rights of a servicemember when breaking a lease, you'll need to consult the experts. To do so, it may be as simple as making an appointment at a military installation legal office.