Military members often face the challenge of being relocated to a new duty station. In such situations, they may wonder if their military orders can be used as a valid reason to terminate a lease agreement. The answer to the question “Can military orders get you out of a lease?” is **yes**. The Servicemembers Civil Relief Act (SCRA) provides protections for military members that allow them to terminate a lease early without penalty in certain circumstances.
The SCRA is a federal law that offers a range of protections to active duty service members and their families. One of the benefits of the SCRA is the ability to terminate a lease early without penalty if a service member receives military orders for a permanent change of station (PCS) or deployment for a period of 90 days or more.
When a military member receives PCS orders or is deployed for an extended period, they can submit a written notice to their landlord along with a copy of their orders to terminate the lease early. The termination typically takes effect 30 days after the next rent payment date following the date the notice is delivered. This allows service members to fulfill their military obligations without being burdened by the financial obligations of a lease agreement.
FAQs About Military Orders and Lease Termination:
1. Can military orders for temporary duty or training get you out of a lease?
No, military orders for temporary duty or training do not typically qualify for lease termination under the SCRA.
2. Are landlords required to honor military orders for lease termination?
Yes, landlords are legally required to honor military orders for lease termination under the SCRA.
3. Can service members terminate a lease early if they are injured and unable to live in the rental property?
Yes, service members who are injured and unable to live in the rental property can terminate the lease early under the SCRA.
4. Is there a limit to the number of times a military member can terminate a lease early using military orders?
There is no set limit to the number of times a service member can terminate a lease early using military orders under the SCRA.
5. Can service members terminate a lease early if they receive orders to deploy overseas?
Yes, service members can terminate a lease early if they receive orders to deploy overseas for a period of 90 days or more.
6. Do service members need to provide written notice to their landlords when terminating a lease using military orders?
Yes, service members must provide written notice along with a copy of their military orders to their landlords to terminate a lease using military orders.
7. Can military spouses terminate a lease using their spouse’s military orders?
Yes, military spouses are also covered under the SCRA and can terminate a lease using their spouse’s military orders.
8. Are landlords allowed to charge service members for breaking a lease early due to military orders?
No, landlords are prohibited from charging service members any penalties or fees for breaking a lease early due to military orders under the SCRA.
9. Can service members terminate a lease early for reasons other than receiving military orders?
Service members can terminate a lease early for reasons other than receiving military orders, but they may be subject to penalties or fees depending on the terms of the lease agreement.
10. Can landlords dispute a service member’s request to terminate a lease using military orders?
Landlords can dispute a service member’s request to terminate a lease using military orders, but they must have valid legal grounds to do so.
11. What should service members do if their landlords refuse to honor their military orders for lease termination?
Service members facing this situation should seek legal assistance to enforce their rights under the SCRA and ensure their lease is terminated properly.
12. Can service members terminate a lease early if they are discharged from the military?
Service members who are discharged from the military may still be eligible to terminate a lease early under the SCRA if they meet the criteria for lease termination using military orders.