Military Clause
A military clause is a vital provision often included in residential lease agreements for tenants who are active duty members of the military or reservists. This clause ensures that military personnel can break their lease without facing penalizing charges or forfeiture of their security deposit if they receive orders for a permanent change of station (PCS), deployment, or other military orders that necessitate their sudden relocation.
Detailed Explanation
The military clause provides protection and flexibility for military tenants who frequently face unpredictable assignments or deployments. This contractual provision recognizes the unique circumstances of military life, which may demand abrupt departures and movements across the country or internationally.
Under the Service Members Civil Relief Act (SCRA), active duty service members who provide written notice and a copy of their military orders to their landlord can terminate their lease without penalties. The notice usually needs to be given at least 30 days before the proposed termination date. This clause aims at reducing the financial burden on service members caused by unexpected relocations.
Example
Example:
Zeke, a soldier in the U.S. Army, is known to receive transfers to different bases unpredictably. While seeking a 1-year lease for a rental home, Zeke ensures the contract includes a military clause. This clause guarantees that if Zeke’s unit orders him to move suddenly, he can legally terminate his lease without losing his security deposit or facing a penalty for breaking the lease early.
Frequently Asked Questions (FAQs)
Q: What is the Service Members Civil Relief Act (SCRA)?
A: The SCRA is a federal law that provides certain protections and relief to active duty service members, including the ability to terminate residential leases without penalty under specific conditions.
Q: How much notice must a service member provide to invoke the military clause?
A: Generally, a service member must provide written notice at least 30 days before the intended termination date, along with documentation of their military orders.
Q: Can the military clause be invoked for reasons such as personal preference or dissatisfaction with the property?
A: No, the military clause can only be invoked under circumstances such as PCS orders, deployment orders, or other official military assignments requiring relocation.
Q: Are reservists also eligible for protection under a military clause?
A: Yes, reservists can also invoke the military clause if they receive orders for active duty or other official military duties that necessitate relocation.
Q: Does the military clause affect the landlord’s rights?
A: While landlords must comply with the military clause and acknowledge the termination of the lease if properly executed, they still retain rights to recover the rental unit, find new tenants, and process through typical tenant turnover.
Related Terms
- Lease Agreement: A contractual arrangement where the lessor (landlord) agrees to rent property to the lessee (tenant) for a specific time period, for a specified rent.
- Security Deposit: A sum of money held in trust by the landlord to cover any damages, unpaid rent, or other expenses incurred by the tenant.
- Permanent Change of Station (PCS): Official orders received by military personnel to move from one duty station to another.
- Service Members Civil Relief Act (SCRA): Federal legislation providing various legal protections and benefits to active duty service members.
Online Resources
- Service Members Civil Relief Act (SCRA) Information
- U.S. Department of Housing and Urban Development (HUD) - Service Members and Veterans
- Military OneSource Legal Services
- Legal Assistance on Military Clauses
References
- Service Members Civil Relief Act (SCRA), 50 U.S.C. App. § 501 et seq.
- U.S. Department of Defense, Service Members Civil Relief Act Guide
Suggested Books for Further Study
- “Military Law and the Service Member’s Civil Relief Act” by Mark E. Sullivan
- “The Service Members Civil Relief Act (SCRA): A Layman’s Guide” by John Lauson
- “Real Estate and the SCRA: Managing Military Tenants and Addressing Lease Termination Issues” by Martin O’Connor
