Can military get out of an apartment lease?
Yes, military personnel can typically get out of an apartment lease without penalty if they receive orders for deployment or a permanent change of station (PCS) to a location outside of a certain radius from their current rental property. This is known as the Servicemembers Civil Relief Act (SCRA), which offers legal protections to active duty military members.
FAQs about military getting out of an apartment lease:
1. What is the Servicemembers Civil Relief Act (SCRA)?
The SCRA is a federal law that provides protections for military members on active duty, including the ability to terminate a residential lease early under certain circumstances.
2. Do all military members qualify for lease termination under the SCRA?
Generally, only military members on active duty orders for 90 days or more can qualify for lease termination under the SCRA.
3. Does the SCRA cover reservists and National Guard members?
Yes, the SCRA also covers reservists and National Guard members who are on active duty orders for 90 days or more.
4. How does a military member terminate a lease under the SCRA?
Military members must provide their landlord with a written notice of termination along with a copy of their military orders.
5. Is there a specific timeline for notifying the landlord under the SCRA?
Military members must provide written notice to their landlord at least 30 days in advance of the lease termination date.
6. Can a landlord challenge a military member’s request to terminate a lease under the SCRA?
Landlords can challenge a military member’s request, but typically the burden of proof falls on the landlord to show that the military member does not qualify for lease termination.
7. What happens if a military member terminates a lease under the SCRA?
If a military member terminates a lease under the SCRA, they are typically not responsible for paying any penalties or fees associated with breaking the lease early.
8. Can a military member terminate a lease under the SCRA for reasons other than deployment or PCS?
Generally, the SCRA only allows for lease termination for deployment or PCS orders, but certain extenuating circumstances may qualify for lease termination under the law.
9. How does the SCRA protect military members from lease termination fees?
The SCRA prohibits landlords from charging military members lease termination fees or penalties when terminating a lease under the law.
10. What happens to a military member’s security deposit when terminating a lease under the SCRA?
Landlords are typically required to return a military member’s security deposit within a certain timeframe after the lease is terminated under the SCRA.
11. Can a military member break a lease without penalty if they receive orders to move into military housing?
Military members who receive orders to move into military housing may qualify for lease termination under the SCRA, but it is advisable to check with legal counsel to ensure eligibility.
12. Can a military member terminate a lease under the SCRA if they experience financial hardship?
While the SCRA primarily focuses on deployment and PCS orders, military members facing financial hardship may be able to qualify for lease termination under certain circumstances. It is recommended to seek legal advice in such situations.
In conclusion, the SCRA provides essential legal protections for military members who need to terminate a residential lease due to deployment or PCS orders. Understanding the rights and benefits provided under the law can help ensure a smooth transition for military personnel facing relocation or deployment.