Can military break a lease?

Can Military Break a Lease?

The decision to serve in the military often comes with its fair share of challenges, and for military personnel, breaking a lease can be a major obstacle. When entering into a lease agreement, civilians anticipate a certain duration, security, and peace of mind. However, when unforeseen circumstances, such as a military transfer, deployment, or career change, arise, it becomes necessary to terminate the lease agreement. In this article, we will delve into the complexities of military leases and explore the answer to the question: Can military break a lease?

What are the Federal Laws Governing Military Lease Breaks?

Before we dive into the nitty-gritty of breaking a lease as a military personnel, it is essential to understand the relevant federal laws. Title 50, U.S. Code, Section 1554 specifically states that military personnel have the right to terminate their leases within a reasonable period without facing penalties or financial penalties.

The Military Traffic Management Command (MTMC) and the Services Housing Commission (SHC) work together to regulate the treatment of military personnel with respect to lease agreements. They provide guidance to housing providers, ensuring that service members are not subjected to excessive penalties or charges for lease terminations.

Who is Eligible for a Lease Break?

Only eligible military personnel, their families, and civilians living on military bases or adjacent properties are entitled to the special treatment under Title 50, U.S. Code, Section 1554. The law applies to individuals:

• Serving in the active duty, Ready Reserve, or Retired Reserve.
• Assignments or transfers resulting in a move within 30 days of separation from service.
• Serving in wartime zones or experiencing a change in duties due to war.

Notable Exceptions:

Keep in mind that this provision does not apply to civilian employees, contractor employees, or other individuals without direct ties to the military. Additionally, lease terminations due to non-compliance with lease terms or breaches of contract may still incur penalties.

Procedural Steps for Military to Break a Lease

For eligible military personnel, breaking a lease requires careful adherence to the following procedures:

Step 1: Provide written notice of intent to vacate, specifying the last day of occupancy.

Step 2: The lessee (military personnel) must provide a valid reason for termination, including:

• Deployment orders.
• Assignment orders.
• Permanent change of station (PCS).
• Change in status or duty due to war or national emergency.

  • If the lessee does not provide a valid reason, the landlord may impose reasonable penalties.

Step 3: Obtain written agreement from the landlord:

• The landlord may opt to negotiate a buy-out or lease assumption agreement with the lessee.

Step 4: Perform a joint walk-through inspection:

• Document the property condition before vacating.

Lease Breakage Process Flowchart:

Consequences for the Landlord:

Landlords may incur the following consequences for refusing a lease break or attempting to charge excessive fees:

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• Administrative Action: The Military Traffic Management Command (MTMC) may impose administrative actions against the landlord.
• Fine: The landlord may face fines for violating military orders or regulations.
• Reputation: Word spreads quickly about uncooperative landlords, which may damage their reputation.

Key Takeaways:

When breaking a lease as military personnel, it is essential to:

• Adhere to the proper procedural steps outlined in Title 50, U.S. Code, Section 1554.
• Provide a valid reason for termination, supported by official documentation.
• Cooperate with the landlord for a smooth and successful lease termination.

By understanding the federal laws governing military lease breaks and following the required procedures, service members and their families can effectively terminate their leases and ensure a smooth transition.

Remember: Knowledge is Power!