The
Military Clause
With a normal lease, your landlord is under
no obligation to let you break your lease just because you have received new
orders. When you enter into a lease agreement, be sure your lease has a
military clause in it.
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 local landlords.
Several states have laws which allow military members to break their leases
in the event they must move due to military orders. In those states which do
not have such laws, it is important that the active duty member ensure his/her
lease contains a "military clause," (see example at end of article)
which allows the member to terminate the lease in the event he/she must move
due to military orders. Most bases require service members to have leases
approved by the local military housing office. One of the reasons for this is
to ensure that the lease contains an acceptable "military clause."
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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.
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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, the housing officer on the installation will help the
renter avoid penalties associated with breaking the lease. 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.
For
Landlords
For
a tenant, you will have someone that has committed themselves to serve the
United States in one of the services. As always, you should do a typical
credit check.
Contact
the local base housing office for more information on the Military Housing
Clause.
SAMPLE
MILITARY CLAUSES
Example
1:
IN THE EVENT the Tenant is or hereafter
becomes, a member of the United States Armed Forces on extended active duty
and hereafter the Tenant receives permanent change of station orders to depart
from the area where the Premises are located, or is relieved from active duty,
retires or separates from the military, or is ordered into military housing,
or is deployed for more than 90 days, then in any of these events, the Tenant
may terminate this lease upon giving thirty (30) days written notice to the
Landlord. The Tenant shall also provide to the Landlord a copy of the official
orders or a letter signed by the tenant's commanding officer, reflecting the
change which warrants termination under this clause. The Tenant will pay
prorated rent for any days (he/she) occupies the dwelling past the
first day of the month.
The damage/security deposit will be promptly
returned to the tenant, provided there are no damages to the premises.
Example 2:
“This lease is executed with the express understanding by Landlord that
Tenant is on active duty with United States Armed Forces. Therefore, the lease
may be terminated by Tenant thirty (30) days after Tenant notifies Landlord,
in writing, that: (1) the Tenant has received permanent change-of-station
orders out of the area or (2) the Tenant is discharged or released from active
duty. The lease may also be terminated thirty (30) days after Tenant has
notified Landlord, in writing, that the Tenant has received notice from the
Housing Office that government quarters are available under either of the
following conditions: (1) Tenant has been ordered by his or her command to
reside in government quarters; or (2) tenant informed Landlord prior to
commencement of the lease that Tenant has requested government housing and is
awaiting government quarters. Tenant will provide Landlord with a copy of such
documents as may be necessary to substantiate the exercise of this military
release clause. The word “Tenant” shall include the plural and shall apply
equally to any and all Tenants residing in the premises under this lease who
are members of the United States Armed Forces and their dependents. The
exercise of this provision by any one of multiple Tenants shall constitute
release for all Tenants.”
For more information:
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