Can landlord verify military orders?
Yes, landlords have the right to verify military orders when a service member requests to break a lease early due to deployment or permanent change of station (PCS) orders. Verifying military orders ensures that the service member is eligible for protection under the Servicemembers Civil Relief Act (SCRA) and can terminate the lease without penalty.
FAQs:
1. What is the Servicemembers Civil Relief Act (SCRA)?
The SCRA is a federal law that provides protections for active duty service members, including lease termination provisions for military members who receive orders for deployment or PCS.
2. Can a landlord deny a service member’s request to terminate a lease based on military orders?
No, under the SCRA, landlords are required to honor a service member’s request to terminate a lease early due to military orders.
3. How can a landlord verify military orders?
Landlords can request a copy of the service member’s military orders as proof of eligibility for lease termination under the SCRA.
4. Can a landlord charge fees for breaking a lease due to military orders?
No, under the SCRA, landlords are prohibited from charging fees or penalties for lease termination based on military orders.
5. Can a landlord require a service member to provide additional documentation besides military orders?
Landlords may request additional documentation, such as a letter from the service member’s commanding officer, to verify the authenticity of military orders.
6. Can a service member terminate a lease if they are in the National Guard or Reserves?
Yes, National Guard and Reserve members are eligible for lease termination under the SCRA if they receive orders for deployment or PCS.
7. Are there any exceptions to the SCRA protections for lease termination?
The SCRA does not apply to leases entered into after a service member’s receipt of military orders, or if the lease is joint with a non-military spouse or individual.
8. How much notice does a service member have to give the landlord before terminating a lease based on military orders?
Service members must provide written notice to the landlord of their intent to terminate the lease within 30 days of receiving their military orders.
9. Can a service member terminate a lease if they are stationed overseas?
Yes, service members stationed overseas are still eligible for lease termination under the SCRA if they receive PCS orders back to the United States.
10. Can a landlord request proof of duty status for a service member requesting to terminate a lease?
Yes, landlords may request proof of the service member’s duty status, such as military identification or orders, to verify their eligibility for lease termination under the SCRA.
11. Can a service member terminate a lease if they receive temporary duty (TDY) orders?
Temporary duty orders do not typically qualify for lease termination under the SCRA unless the orders are for an extended period that would make it impractical for the service member to continue living in the rental property.
12. What should a service member do if their landlord refuses to honor their request to terminate a lease based on military orders?
Service members facing difficulties with their landlords in relation to lease termination under the SCRA can seek legal assistance from a military legal assistance office or consult with a private attorney specializing in military law.