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The
Military Clause
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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 Servicemembers Civil Relief Act (SCRA).
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Get
the Printable
Summary
of Landlord - Tenant Issues and Real Estate for Military Members
(PDF). Free.
Special thanks to the a member of the Navy Legal Offices for this file.
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In addition many
states have laws which may provide better protection then the Federal Law.
Virginia is one example.
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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."
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RIGHT TO TERMINATE A LEASE EARLY
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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.
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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.
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The Landlord cannot sue the non-military member who signed the
lease for performance under the lease agreement.
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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.
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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.
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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.
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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.
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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.
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Search Military Housing Laws
and Guides |
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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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