Can military break a rental lease?

Can Military Break a Rental Lease?

**Yes, members of the military can break a rental lease under the Servicemembers Civil Relief Act (SCRA). This federal law allows active-duty service members to terminate a residential lease without penalty under certain circumstances.**

The SCRA provides protections for military personnel when they are required to move due to military orders or deployment. Here are some frequently asked questions related to this topic:

1. Can a military member break a lease if they receive orders for a permanent change of station (PCS)?

Yes, under the SCRA, military members can break their lease without penalty if they receive orders for a PCS. They are required to give written notice to the landlord along with a copy of their orders.

2. Does the SCRA cover deployments?

Yes, the SCRA allows military members to break a lease if they receive deployment orders for a period of 90 days or more. They must provide written notice to the landlord along with a copy of their orders.

3. What documentation is needed to break a lease under the SCRA?

Military members must provide written notice to the landlord along with a copy of their military orders in order to terminate their lease under the SCRA.

4. Is there a specific time frame for giving notice under the SCRA?

The SCRA requires military members to give written notice to the landlord as soon as practical after receiving their orders. There is no specific definition of what constitutes “as soon as practical,” so it is best to notify the landlord promptly.

5. Can a landlord deny a military member’s request to break a lease under the SCRA?

Landlords are prohibited from denying a military member’s request to break a lease under the SCRA if the member meets the requirements set forth in the law.

6. Are there any exceptions to the SCRA’s protections for military members?

There are specific exceptions to the SCRA’s protections, such as leases entered into after military service has begun or leases for property owned by the service member’s dependents.

7. What happens to the security deposit when a military member breaks a lease under the SCRA?

The SCRA requires landlords to return the security deposit to the military member within 30 days of the lease termination if the member meets the requirements of the law.

8. Can a military member be held responsible for rent after breaking a lease under the SCRA?

No, military members are not responsible for rent payments once they have properly terminated their lease under the SCRA. Landlords cannot hold them accountable for any remaining rent after the termination date.

9. Can a military member break a lease under the SCRA for reasons other than deployment or PCS orders?

The SCRA specifically covers lease terminations due to deployment or PCS orders. If a military member needs to break a lease for other reasons, they should consult with their landlord to find a solution.

10. What happens if a military member breaks a lease and the landlord refuses to return the security deposit?

If a landlord refuses to return the security deposit to a military member after lease termination under the SCRA, the member can seek legal assistance to enforce their rights under the law.

11. Does the SCRA provide any protections for military members’ families?

The SCRA does not provide protections for military members’ families in terms of breaking a lease. However, some states have laws that extend similar protections to military families.

12. Can a military member break a lease under the SCRA for reasons unrelated to their military service?

The SCRA only allows military members to break a lease for reasons directly related to their military service, such as deployment or PCS orders. If a military member needs to break a lease for personal reasons, they may need to negotiate with their landlord or seek legal advice.

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