Military Clause Explained
The military clause in rental agreements is crucial for service members. This article explains its legal and financial implications, helping military personnel and landlords navigate housing arrangements during deployments and relocations.
A "military clause" is a provision that can be included in a residential lease or rental agreement to provide certain legal protections and rights to military service members and their families. It is typically included to address the unique circumstances faced by military personnel who may need to relocate due to military orders or deployments. The military clause is governed by various federal and state laws, including the Servicemembers Civil Relief Act (SCRA) in the United States.
Here's an explanation of the key aspects of a military clause:
Termination of Lease: The primary purpose of a military clause is to allow service members to terminate their lease or rental agreement early, without financial penalties, in the event of certain military-related situations. These situations often include:
- Permanent change of station (PCS) orders: When a service member receives orders to move to a new duty station, they can terminate the lease with proper notice.
- Deployment: If a service member is deployed for an extended period, they may be allowed to terminate the lease.
- Activation: Reservists or National Guard members may be able to terminate their lease if they are activated for an extended period of time.
Notice Requirements: The lease may specify the notice period that the service member needs to provide to the landlord to invoke the military clause. Typically, this notice period is 30 to 60 days.
Rent Payment: While the lease can be terminated early, the service member is generally responsible for rent up to the date of termination, as well as any unpaid utility bills or damages to the property.
Security Deposit: The landlord is typically required to return the security deposit within a reasonable time after the lease is terminated under the military clause.
Timing: The timing of invoking the military clause is crucial. It should be done in accordance with the lease terms and the SCRA. It's important to provide the landlord with a copy of the military orders as evidence.
Legal Protections: The SCRA provides additional legal protections to service members, such as capping the interest rate on pre-existing debts, postponing certain civil proceedings, and preventing foreclosure without a court order. These protections are separate from the military clause but are important to be aware of as they pertain to financial and legal matters.
It's essential for both landlords and military service members to be aware of their rights and obligations under a lease with a military clause. Service members should communicate with their landlords as soon as they receive orders or deployment notices, and landlords should be aware of the laws that protect military tenants. Understanding and complying with the military clause helps ensure a fair and legal resolution in situations involving military relocation or deployment.
Understanding the legal and financial aspects of the military clause in rental agreements..
The military clause in rental agreements is a provision that allows active military personnel to break their lease agreement and have their security deposit returned if they are called to duty or must relocate due to connected service activity. The clause is typically included in leases in areas surrounding military bases, but it is not mandatory.
Legal aspects
The military clause is governed by the Servicemembers Civil Relief Act (SCRA). The SCRA is a federal law that protects active military personnel from certain civil obligations, such as eviction and foreclosure, while they are on active duty or deployed.
Under the SCRA, active military personnel can terminate their lease agreement early if they are called to duty or must relocate due to connected service activity. To terminate the lease agreement, the servicemember must provide the landlord with written notice at least 30 days before the next rent payment is due. The servicemember must also provide the landlord with a copy of their military orders.
The landlord cannot charge the servicemember a penalty for terminating the lease early. The landlord must also return the servicemember's security deposit.
Financial aspects
The financial aspects of the military clause will vary depending on the terms of the lease agreement and the specific circumstances of the servicemember.
For example, if the servicemember is called to duty before they have moved into the rental unit, they may not be required to pay any rent. However, if the servicemember has already moved into the rental unit, they may be required to pay rent for the period of time that they lived in the unit.
The servicemember may also be responsible for paying certain expenses, such as utilities and cleaning fees, when they terminate the lease agreement early.
Conclusion
The military clause is an important protection for active military personnel. It allows them to break their lease agreement early without penalty if they are called to duty or must relocate due to connected service activity.
If you are an active military member, it is important to understand the legal and financial aspects of the military clause before you sign a rental agreement. You should also talk to your landlord about the military clause and make sure that you understand your rights and obligations.
Here are some additional tips for active military personnel who are renting:
- Make sure your landlord is aware of your military status. This will help to ensure that you are protected by the SCRA.
- Get everything in writing. This includes the lease agreement, any military orders, and any communication with your landlord.
- Keep copies of all important documents. This includes your lease agreement, military orders, and any other documentation related to your rental.
- Be proactive. If you know that you will need to terminate your lease agreement early, contact your landlord as soon as possible. This will give them time to prepare and will help to avoid any disputes.
If you have any questions about the military clause or your rights as a tenant, you should contact an attorney.