Can I break my lease with military orders?

Breaking a lease with military orders is a common concern among service members who may receive sudden orders for deployment or a permanent change of station (PCS). Fortunately, there are federal regulations in place to protect military personnel in these situations. The Servicemembers Civil Relief Act (SCRA) grants you certain rights when it comes to terminating a lease early due to military orders.

The SCRA allows service members to break a lease without penalty if they receive military orders for a PCS or deployment lasting 90 days or more. This means you can end your lease early without having to pay additional fees or fulfill the remaining lease term. It’s important to note that this protection extends to both active duty service members and reservists who are activated for military service.

1. How do I notify my landlord that I need to break my lease due to military orders?

You should provide your landlord with a copy of your military orders as soon as possible. These orders serve as official documentation of your need to terminate the lease early.

2. Can my landlord refuse to let me break my lease with military orders?

Under the SCRA, your landlord is legally required to allow you to terminate the lease early if you provide them with a copy of your military orders.

3. Do I have to give a certain amount of notice before breaking my lease with military orders?

You are required to give written notice to your landlord of your intent to terminate the lease early. The SCRA does not specify a specific timeframe for this notice, but it is recommended to provide notice as soon as possible after receiving your military orders.

4. Can I break my lease with military orders if I am not the primary tenant on the lease?

Yes, the SCRA extends protection to service members who are not the primary tenant on the lease. As long as you are named on the lease and provide your landlord with a copy of your military orders, you have the right to terminate the lease early.

5. Will I receive my security deposit back if I break my lease with military orders?

Under the SCRA, you are entitled to receive your security deposit back when terminating the lease early due to military orders. Your landlord is not allowed to withhold your deposit for breaking the lease in this situation.

6. What if my landlord tries to take legal action against me for breaking my lease with military orders?

If your landlord attempts to take legal action against you for terminating the lease early with military orders, you can seek legal assistance through military legal services or a private attorney. The SCRA provides protection against such actions.

7. Can I break my lease with military orders if I am already month-to-month or on a short-term lease?

Yes, the SCRA allows service members to terminate month-to-month or short-term leases early if they receive military orders for a PCS or deployment lasting 90 days or more. The same protections apply regardless of the length of the lease.

8. Do I need to provide my landlord with a specific reason for breaking my lease with military orders?

No, the SCRA does not require service members to provide a specific reason for terminating a lease early with military orders. Simply providing your landlord with a copy of your military orders is sufficient.

9. Can I break my lease with military orders if I am on active duty but not deployed?

Yes, the SCRA allows service members to terminate a lease early with military orders for a PCS or deployment lasting 90 days or more, regardless of whether they are currently deployed. Active duty status alone is enough to qualify for protection under the SCRA.

10. Will breaking my lease with military orders affect my credit score?

Ending a lease early with military orders should not have a negative impact on your credit score. The SCRA protects service members from adverse credit reporting related to early lease termination due to military orders.

11. Can my landlord charge me for damages or unpaid rent if I break my lease with military orders?

The SCRA prohibits landlords from charging service members for damages or unpaid rent when terminating a lease early with military orders. Service members are protected from financial penalties associated with early lease termination.

12. Can I break my lease with military orders if I am not yet in the military but have received orders to report for duty?

The SCRA applies specifically to service members who are already in the military at the time they receive qualifying military orders. If you have not yet reported for duty, you may not be eligible to terminate a lease early under the SCRA.

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