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Military Housing Clause

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The Military Clause

With a normal lease, your landlord may be obligated under federal law to let you break your lease, with conditions,  if you receive new orders. This is true even if your lease agreement does not have a have a military clause in it. While the law may be considered vague, refer to Section 535 of the Service members Civil Relief Act (SCRA).  

Get the Printable
 Summary of Landlord -  Tenant Issues and Real Estate for Military Members (PDF). Free. 
Special thanks to a member of the Navy Legal Offices for this file.

In addition many states have laws which may provide better protection then the Federal Law. Virginia is one example.

Your Base Housing / Legal Assistance Office typically require service members to have leases approved by the local military housing office and to have the landlord sign an acknowledgement regarding military personnel. One of the reasons for this is to ensure that the lease contains an acceptable "military clause."

RIGHT TO TERMINATE A LEASE EARLY

In general, Under Section 535 of the Service Member Civil Relief Act, a military member has the right to terminate a lease, if, after signing the lease: the tenant enters military service (which includes a reservist being called to active duty); or the tenant signs the lease while in military service, and then receives military orders for a PCS move, or to deploy, or as an individual in support of a military operation, with a military unit for a period of not less than 90 days.

Your local base housing office should be able to provide you a form containing the clause or even a form contract you may be able to provide to your landlord. Many housing offices work with local off base landlords.

The Landlord cannot sue the non-military member who signed the lease for performance under the lease agreement.

EVICTIONS: Under 531 of the SCRA, a military tenant cannot be evicted from a rented residence (during a period of military service) without a court order.  See the RentLaw.com guide to Evictions.

If you have any questions regarding landlord-tenant issues, leases, or other personal legal assistance matters, contact the nearest military legal office for assistance.

Military clauses may vary in their specifics, they generally allow military to terminate leases for clearly defined reasons. Generally, those reasons include discharge from the military or permanent change-of-station to a destination at least 20–50 miles away. You may negotiate the specifics. The local housing office can provide the military clause used in your geographical area.  

In some cases, renters invoking the military clause must pay 30 days rent if less than 30 days notice is given. If the lease does not include a military clause as an element of a standard lease, you may add it as a separate document.

If a lease does not include a military clause and must be broken for service-related reasons, don't panic,  the housing officer on the installation will help the renter avoid or minimize penalties associated with breaking the lease, citing the Servicemember Civil Relief Act and State Law.  Again, prevent difficulties, ensure that your lease includes a military clause.  

Military renters should recognize that a military clause is not a blanket permission to terminate the lease. 
It applies only to the specific circumstances defined in the clause or under Federal or State Laws.

Search Military Housing Laws and Guides

For Landlords: You will have someone that has committed themselves to serve the United States in one of the services. As always, you should do a credit  - reference check.   Contact the local base housing office for more information on the Military Housing Clause, Federal Law and your local State Laws.

SAMPLE MILITARY CLAUSES

See Sample Military Lease Clauses as used in off base lease agreements.

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