Can a Military Spouse Break a Lease?
As a military spouse, relocating to a new base or duty station can be a daunting task. When renting a home, the prospect of breaking a lease can be especially concerning. However, military spouses have specific rights and options to consider when facing this situation.
Can a Military Spouse Break a Lease?
In most cases, the answer is yes, a military spouse can break a lease. Section 303 of the Servicemembers Civil Relief Act (SCRA) protects military personnel and their dependents, including spouses, from certain penalties and obligations when relocating due to military orders. However, the specifics of the break depend on the circumstances and the terms of the lease.
Key Considerations
Before breaking a lease, military spouses should consider the following:
- Notification period: The landlord may require a certain number of days’ notice before terminating the lease. Typically, this is 30 or 60 days, but it may vary depending on the lease agreement.
- Rent and penalties: The spouse may still be responsible for paying rent and any applicable penalties, such as breakage fees, until the end of the lease term or until a new tenant is found.
- Alternative solutions: If possible, military spouses should explore alternative solutions, such as subleasing the property or assigning the lease to a new tenant.
- Landlord cooperation: If the spouse is relocating due to military orders, they should provide the landlord with a copy of the orders to demonstrate the legitimacy of the relocation.
Military Spouse Lease Termination Options
Military spouses have several options to terminate a lease:
- Mutual agreement: If both parties agree, they can terminate the lease with a written agreement.
- Buyout: Some leases may include a buyout clause, which allows the tenant to purchase the remaining lease term.
- Assignment: The spouse can assign the lease to a new tenant, providing the landlord with written permission and the new tenant meets the lease requirements.
- Early termination: In some cases, the landlord may agree to terminate the lease early, but this is not guaranteed and may come with penalties.
SCRA Protections
Section 303 of the SCRA provides specific protections for military personnel and their dependents:
- 90-day termination notice: If a military spouse is relocating due to military orders, they can terminate the lease with 90 days’ notice, regardless of the lease agreement.
- Penalty-free: The spouse is exempt from paying penalties or breakage fees.
- Rent abatement: The spouse may be entitled to a rent reduction or abatement for the remaining lease term.
Example Scenarios
Here are a few example scenarios to illustrate the complexities:
| Scenario | Options |
|---|---|
| Spouse is relocating due to military orders and wants to terminate the lease. | Provide landlord with a copy of the orders, notify them of intent to terminate (30-60 days’ notice), and explore alternative solutions (subleasing, assignment, etc.). |
| Spouse is facing a significant change in circumstances (e.g., deployment, family emergency) and needs to terminate the lease. | Discuss options with the landlord, provide written documentation of the change in circumstances, and explore alternative solutions. |
| Spouse is having difficulties with the landlord and wants to break the lease. | Document all interactions with the landlord, including any disputes or issues, and seek legal advice or mediation to resolve the matter. |
Conclusion
Breaking a lease as a military spouse can be challenging, but it is not impossible. Understanding the specific provisions of the lease agreement and the SCRA is crucial in determining the best course of action. By considering the key factors, exploring alternative solutions, and leveraging SCRA protections, military spouses can navigate the complexities of lease termination and find a new home that meets their needs.
