Can deployment orders break a lease?

Can Deployment Orders Break a Lease?

Yes, deployment orders can break a lease. If a tenant receives military deployment orders that require them to move over a certain distance away from their current residence, they have the right to terminate their lease without penalty under the Servicemembers Civil Relief Act (SCRA).

When a military member receives deployment orders, they may have to move suddenly and may not be able to fulfill the terms of their lease. In this case, the SCRA allows service members to break their lease without facing penalties or fees.

FAQs About Deployment Orders and Leases

1. What is the Servicemembers Civil Relief Act?

The Servicemembers Civil Relief Act (SCRA) is a federal law that provides protections for military members who are called to active duty, including provisions for breaking leases.

2. Do I need to provide proof of deployment to break my lease?

Yes, you will need to provide a copy of your deployment orders to your landlord to officially terminate your lease under the SCRA.

3. Can I break my lease if I am not the one being deployed but my spouse is?

Yes, the SCRA allows for the termination of a lease if the service member’s spouse is the one being deployed and the lease is in the service member’s name.

4. Will I still be responsible for rent after breaking my lease due to deployment?

No, under the SCRA, you are not responsible for any further rent payments or penalties after breaking your lease due to deployment orders.

5. Can a landlord refuse to allow a tenant to break a lease due to deployment?

No, landlords are required to honor a service member’s request to terminate their lease under the SCRA.

6. Can a landlord charge fees for breaking a lease due to deployment?

No, landlords are prohibited from charging service members any fees for breaking a lease due to deployment under the SCRA.

7. How much notice do I need to give my landlord if I need to break my lease due to deployment?

Service members are required to give their landlord written notice of their intent to terminate the lease, along with a copy of their deployment orders.

8. Can a landlord take legal action against a service member for breaking a lease due to deployment?

No, landlords cannot take legal action against service members for breaking a lease under the SCRA due to deployment orders.

9. Does the SCRA apply to all types of leases?

The SCRA applies to residential leases that are entered into by service members before they receive their deployment orders.

10. Can a service member break a lease under the SCRA for reasons other than deployment?

Yes, the SCRA also allows for the termination of leases for other reasons related to military service, such as PCS orders.

11. Can a service member break a lease under the SCRA if they are not yet deployed but expect to be in the near future?

Yes, service members can break a lease under the SCRA if they have received orders for deployment and expect to be deployed within the next 90 days.

12. Can a service member waive their rights under the SCRA regarding breaking a lease due to deployment?

No, service members cannot waive their rights under the SCRA, including their right to terminate a lease due to deployment orders.

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