What Is the Military Clause in a Rental Agreement

In some cases, tenants invoking the military clause will have to pay 30 days` rent if less than 30 days in advance are notified. Meeting with an attorney can help you confirm local and state laws, guidelines for invoking the SCRA, and terms you may need to specify when adding a military clause to a lease. Let me be clear here, as I still encounter a lot of confusion from the owners about this. Federal Act, 50 U.S.C. App. Section 535, known as the ServiceMember Civil Relief Act (SCRA), grants this right to men and women in the military and their families. If you have orders, it doesn`t matter if you have a military clause in your lease or not – you are not responsible. To find out what jargon is commonly used with a clause, consider a visit to the nearby Military Housing Authority. A representative of a military housing office should have samples of local leases and how they are established. If you take the time to check these important details, you can create a lease with the best fit for your military lifestyle. The military clause is an available benefit for members of the U.S. military, reserves, and National Guard.

This clause is a typical element of leases near military bases, but is not a mandatory inclusion in the contract. By including this provision, landlords can reduce their vacancies by hosting military tenants, but can also find themselves in financial difficulty if tenants have to break a lease. Not all leases have a military clause. It is important to read and understand the complete rental document. Some clauses also contain a limitation of the distance of the change of station before the entry into force of the provision. Another warning is that any state law will replace the military clause in the event of a conflict. In addition, the military clause may apply to residential and commercial rental properties. As under What exactly is a military clause? , the terms of this clause may provide additional protection to tenants of a member of the military and his or her family. If a lease you are considering does not yet contain a military clause, discuss with the landlord what terms you want to include for their benefit and your own benefit. Working with your landlord to agree on fair terms can prevent frustration and unwanted stress.

As mentioned earlier, it`s a good idea to review the terms and clauses of the lease with a lawyer before signing. Just for verification, if you find that you need to break your lease due to official military orders, your lease under the SCRA ends 30 days after the first date the next monthly lease payment is due. So plan accordingly to cover the rent for the following month, even if you will not live there. A military clause can change the agreement between the parties, but if it is not repealed in a separate and clearly marked agreement, the rights we have just talked about are still there. Military clause or not, if you have orders, the SCRA covers you. Typically, these reasons include the release of the army or a change of permanent station to a target at least 20 to 50 miles away. The effective date of the cancellation depends on the type of rental. For monthly rents, the cancellation is effective 30 days after the first date on which the next rent payment is due after the landlord has been notified. This gives the landlord at least 30 days to fill the rental unit. Even if the member notifies the landlord on September 1, the effective termination date of the leave would be October 31.

For all other leases, the termination date applies on the last day of the month following the month in which the landlord is notified. If the tenant has paid the rent in advance beyond the effective termination date, it must be returned upon termination of the lease. Want to know more about managing a military rental property? Click here for the latest updates and expert tips! If a lease does not contain a military clause and needs to be broken for official reasons, do not panic, the housing agent on the facility will help the tenant avoid or minimize the penalties associated with violating the lease, citing the Civil Assistance Act and state law. Again, avoid trouble and make sure your lease includes a military clause. Right to terminate a lease earlierIn general, pursuant to section 535 of the Military Assistance Act, a member has the right to terminate a lease if, after signing the lease: The tenant enters military service (including the conscription of a reservist on active duty); or the tenant signs the lease during military service and then receives military orders for a PCS move or for use or as a person to support a military operation with a military unit for a period of at least 90 days. Your base housing and legal support office usually requires that members have leases approved by the local military housing office and that the landlord sign a confirmation regarding military personnel. One of the reasons for this is to ensure that the lease contains an acceptable “military clause”. For example, if Private Jack Johnson signed a lease with a landlord for a period of one year, that could include language that says that if the tenant breaks the lease, they lose the deposit. However, if the lease includes a military clause, Pvt Johnson could still get his deposit if he is forced to break the lease due to a PCS. If the lease does not include a military clause as part of a standard lease, you can add it as a separate document.

Example 1: IN THE EVENT that the tenant is or becomes a member of the United States Armed Forces on extended active duty, and thereafter the tenant receives a permanent change in station orders to leave the area where the premises are located, or is released from active duty, retires or separates from the military, or is ordered to stay militarily, or for more than 90 days, then in any of these cases, the Renter may terminate this Rental Agreement in writing to the Lessor with thirty (30) days` notice. The Renter must also provide the Lessor with a copy of the official orders or a letter signed by the Tenant`s commander reflecting the change justifying termination under this clause. The tenant pays prorated rent for all days (he) occupies the apartment after the first day of the month. Damages/deposits will be refunded to the tenant immediately, provided there is no damage to the premises. (adsbygoogle = window.adsbygoogle || []).push({});
]]> military personnel may invoke the clause if they undergo a permanent station change (PCS). To do this, the active member must provide the landlord with a copy of his or her official orders if he or she wants to break a written lease that still has time. They must also provide written and signed notice of their intention to leave the property, containing all current contact information for the member and his or her commanding officer. In addition, the letter must include a date of permanent residence and a request for reimbursement of all deposits made. As with all documents of this type, it is best to make and keep copies before sending the documents by registered mail requesting a signed delivery note. Here are five great tips on how military families can approach their next PCS while managing money smartly. This is true even if your lease does not contain a military clause. .