Military Clause - The Servicemembers Civil Relief Act (SCRA)
Post date: Jul 25, 2016 8:58:25 PM
The SCRA is a law that is intended to help protect the legal rights of members called to active duty. The protections under SCRA apply to active duty members of the regular forces, members of the National Guard when serving in an active duty status under federal orders, members of the reserve forces called to active duty and members of the Coast Guard serving on active duty in support of the armed forces. Their protection under SCRA begins on the date they enter active duty and generally terminates within 30 to 90 days after the date of discharge from active duty.
Under SCRA, they may be able to terminate some residential and automotive leases.
Termination of Residential Leases
If they are just entering service, they may terminate residential leases and rental agreements without penalty under SCRA. To do this, they will have to:
Show that they entered into the lease before they entered active duty and that they are on active duty for a minimum of 180 days.
Provide their landlord proper written notice and a copy of military orders, ideally at least 30 days in advance.
If they entered into a lease or rental agreement after they began active duty service, they may still be able to terminate their lease without penalty under SCRA. As an active duty service member, they may qualify under SCRA to end their rental agreements without repercussions if they:
Received permanent change of station orders or deployment orders for a period of more than 180 days; and
Provide written notice to their landlord and a copy of their PCS/deployment orders, preferably with at least 30 days notice to their landlord.
If they terminate your lease under the SCRA, their lease will end 30 days after the first date on which the next monthly payment of rent is due. For this reason, they may be required to pay one month of rent after providing notice to their landlord. Additionally, the landlord cannot withhold a security deposit as a "penalty" if they have provided timely written notice. A security deposit can only be withheld to pay for property damages beyond ordinary wear and tear caused by the tenant, or to cover back unpaid rent the tenant owes.
"Military clause" in your residential lease
In addition to your protections under SCRA, you may want to check to see if your residential lease includes a military clause. A military clause is a statement in a lease that allows the lease to be broken in the event of a call-up to active duty, reassignment or other military-related issues you may encounter. While SCRA requires landlords to allow military personnel out of leases in specific situations, a military clause can provide additional protections for you and your family. Although such clauses are common in housing around military installations, you should read the clause carefully and request a military clause if a lease does not contain one.
Information from Military OneSource