Can you get out of a lease with military orders?

If you are in the military and receive orders for a permanent change of station (PCS), deployment, or other military necessity, you may be wondering if you can get out of your lease early without facing penalties. The answer is yes, the Servicemembers Civil Relief Act (SCRA) provides protections for military servicemembers in these situations.

Under the SCRA, military servicemembers can terminate a lease for housing, vehicles, furniture, and other personal property if they receive orders for a PCS to a new location, deploy for more than 90 days, or experience a change in their military duties. In order to terminate a lease under the SCRA, servicemembers must provide written notice to their landlord along with a copy of their military orders. The lease termination is effective 30 days after the next rent payment due date following the notice.

It is important to note that the SCRA only applies to leases signed before entering military service. If you signed a lease while in the military, you may still be able to terminate it early under certain circumstances, such as deployment or PCS orders.

Landlords are prohibited from charging early termination fees or penalties to servicemembers who terminate their lease under the SCRA. Additionally, landlords cannot withhold security deposits or charge servicemembers for damages beyond normal wear and tear.

If you find yourself in a situation where you need to terminate your lease early due to military orders, it is important to familiarize yourself with the SCRA and consult with your legal assistance office or a military legal advisor to ensure you follow the proper procedures.

FAQs

1. Can I terminate my lease under the SCRA if I receive deployment orders?

Yes, servicemembers who receive deployment orders for more than 90 days are eligible to terminate their lease under the SCRA.

2. Can I terminate my lease if I receive PCS orders to a new location?

Yes, servicemembers who receive PCS orders to a new location are eligible to terminate their lease under the SCRA.

3. Do I need to provide written notice to my landlord to terminate my lease under the SCRA?

Yes, servicemembers must provide written notice to their landlord along with a copy of their military orders to terminate their lease under the SCRA.

4. How soon can my lease be terminated after providing written notice?

Lease termination is effective 30 days after the next rent payment due date following the notice under the SCRA.

5. Can I terminate a lease signed while in the military under the SCRA?

Yes, under certain circumstances such as deployment or PCS orders, servicemembers may be able to terminate a lease signed while in the military.

6. Can landlords charge early termination fees or penalties under the SCRA?

No, landlords are prohibited from charging early termination fees or penalties to servicemembers under the SCRA.

7. Can landlords withhold security deposits if a lease is terminated under the SCRA?

No, landlords cannot withhold security deposits if a lease is terminated under the SCRA.

8. Are servicemembers required to pay for damages beyond normal wear and tear when terminating a lease under the SCRA?

No, landlords cannot charge servicemembers for damages beyond normal wear and tear when terminating a lease under the SCRA.

9. Can I terminate my lease under the SCRA for reasons other than deployment or PCS orders?

Yes, servicemembers may be able to terminate their lease under the SCRA for other reasons such as a change in military duties.

10. Can I terminate a lease for personal property under the SCRA?

Yes, servicemembers can terminate a lease for housing, vehicles, furniture, and other personal property under the SCRA.

11. What should I do if my landlord refuses to acknowledge my termination under the SCRA?

If your landlord refuses to acknowledge your termination under the SCRA, consult with your legal assistance office or a military legal advisor for guidance.

12. How can I ensure I follow the proper procedures when terminating my lease under the SCRA?

To ensure you follow the proper procedures when terminating your lease under the SCRA, familiarize yourself with the SCRA and consult with your legal assistance office or a military legal advisor.

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