A military lease addendum is an essential clause in a lease agreement that permits military personnel to terminate their lease early without penalty if they receive relocation orders or are called to active duty. This provision ensures that servicemembers can move as required by their service without losing their security deposit.
It’s essential for tenants in the armed forces, allowing them to end their lease with minimal notice (typically 30 days) by submitting written notice along with their transfer orders to the landlord. This clause can be added at the lease signing or after the tenant joins the military, and it must be signed by the tenant, any co-tenants, and the landlord.
Servicemembers Civil Relief Act (SCRA)
The Servicemembers Civil Relief Act (SCRA) offers protections for military members against certain civil obligations when called to duty.
- Lease Termination Under SCRA: Allows military members to terminate residential and automobile leases without penalty if conditions related to military service are met.
Conditions for Lease Termination: - Residential Leases: Termination allowed if signed before active duty or receiving PCS or deployment orders for 90+ days.
- Termination Procedure: Provide written notice and a copy of military orders to the landlord or leasing agent; termination effective 30 days after the following rent due date.
- Protection for Servicemembers and Dependents: Aims to alleviate financial and logistical burdens, extending rights to dependents.
Terminating A Lease As A Military Tenant
If you’re a military tenant needing to terminate your lease due to deployment or relocation, follow this simple checklist to ensure a smooth process:
- Step 1: Review your lease for military relocation clauses.
- Step 2: Collect necessary documents like military orders.
- Step 3: Write and send a lease termination notice citing the SCRA.
- Step 4: Deliver the notice to your landlord via certified mail or as per lease.
- Step 5: Confirm the landlord received the notice.
- Step 6: Finalize inspection, key return, and security deposit details in writing.
Guidelines For Landlords
Handling lease terminations under the SCRA requires understanding and compliance. Here’s what you should know:
- Understand the SCRA: Familiarize yourself with the provisions of the SCRA regarding lease terminations. Knowing these laws helps in handling terminations fairly and legally.
- Verifying Military Orders: When a tenant provides notice of lease termination under the SCRA, they should also provide a copy of their military orders or a letter from their commanding officer. While verifying the authenticity of the orders, remember to respect the tenant’s privacy by avoiding requests for more information than necessary.
- Acknowledge the Notice: Acknowledge receipt of the termination notice and military orders. Confirm the effective termination date, 30 days after the following rent due date following the notice.
- Understand Your Obligations: When navigating the complexities of rental agreements, it’s crucial to understand the rights and protections offered to military tenants under the SCRA, including stipulations on early termination fees and the handling of prepaid rent and security deposits.
- Re-renting the Property: Begin advertising the property immediately to find a new tenant. Consider using military housing offices or online platforms catering to military families, as they are excellent resources for finding tenants.
- Keep Records: Maintain detailed records of all communications, notices, and documents related to the lease termination for tax purposes, legal compliance, and potential future disputes.
