Deployments or permanent changes of station (PCS) are a part of military life and thereby bring unexpected changes. An active-duty service member can then need to terminate these transitions from a residential lease. Fortunately, the Servicemembers Civil Relief Act (SCRA) offers critical protections, allowing military members to break a lease without orders under certain conditions.
How SCRA Works?
The SCRA is a legal framework that protects service members by allowing them to void their leases without penalty in certain situations.
These include:
- The obligation to enter active military service during the lease term.
- To receive orders for permanent change of station (PCS).
- When you were given deployment orders 90 days or more.
These protections are designed to let military leaders discharge their duties without concern for continuing [lease] obligations. Importantly, these rights—also extended to the family members listed on the lease—extend beyond just giving the service member financial relief but rather broad financial relief for the entire military household.
Notice Requirements
Before terminating a lease, you should always notify the landlord. With this notice, you should either attach a copy of your military orders or a letter from your commander certifying your status or pending deployment.
It is strongly advised that you deliver this notice as soon as possible and definitely at least 30 days before the ending date contained in your notice. Not only is timely notice the law, but it also gives your landlord some time to work the change into their plans. To avoid disputes, keep all correspondence and mail (certified mail or another trackable delivery method) as proof of notification.
Effective Date Of Termination
Whether you like to terminate your lease depends on the specific kind of rental agreement you have. For example, when your rental is month-to-month, the termination takes effect thirty days on or after the first day of the rental period following the landlord’s receipt of your notice.
The termination for fixed-term leases takes effect on the last day of the month following the month the notice was given. Financial obligations and protections are included.
The law also has something to help service members forced to break a lease because of their service with a substantively unfair monetary penalty with the SCRA. You will only have to pay rent until that lease runs out. If you have paid in advance to the landlord, this one must refund the unused part of rent.
Landlords must also return your security deposit, minus any deductions for something that isn’t regular wear and tear. Importantly, the SCRA does not permit landlords to impose early termination fees or enforce penalties. However, SCRA protections keep them from reporting negative information to credit bureaus when they terminate your lease.
These safeguards exist to prevent the penalization of military members’ financial status in order to fulfill military obligations.
State-Specific Protections
The SCRA is a great federal framework, but most states grant military members more protections than that. For example, under Texas law (Texas Property Code 92.017), if the lease is not specific to the right of military termination, the landlord is required to refund the full prepaid rent within 30 days of termination and release the service member from responsibility for unpaid rent.
Still, review your state’s laws to see if there are any additional benefits or requirements. If you are unsure, check with your installation’s legal assistance office to ensure you know your rights.
Important Considerations
It’s always a good idea to check the terms of any lease or new lease you’re signing to ensure it does not contain SCRA clauses that permanently waive your rights under the SCRA. However, if you do not understand or are not offered a good term, you should seek assistance from the legal office closest to you. They may help you with the negotiating, or maybe they may explain the lease agreement to you when required.
Conclusion
It doesn’t have to be complicated to end your lease while you are an active duty service member. While staying in the military might make it difficult, the Servicemembers Civil Relief Act (SCRA) is clear: you can break your lease without penalty.
If you know the qualifying situations, the notice requirements, and your financial rights, you’ll be ahead. If you need help taking legal action to enforce your rights or in financial matters so that you stay safe from being overwhelmed by another burden, assistance is available.
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