Can Military Orders Break a Lease?
The United States military has a long history of deploying personnel to various parts of the world, often on short notice. This can create challenges for military personnel and their families when it comes to their living arrangements. One common question that arises is whether military orders can break a lease. In this article, we will explore the answer to this question and provide guidance on the process for military personnel and their families.
Can Military Orders Break a Lease?
The short answer is yes, military orders can break a lease. However, it is not a straightforward process, and there are certain conditions that must be met. The Servicemembers Civil Relief Act (SCRA) is a federal law that provides protections for military personnel and their families. One of the key provisions of the SCRA is the ability to terminate a lease due to military orders.
What are the Conditions for Breaking a Lease?
To break a lease due to military orders, the following conditions must be met:
- The military personnel must be on active duty or have a military obligation that requires them to relocate.
- The military personnel must provide written notice to the landlord within 30 days of receiving their military orders.
- The military personnel must provide a copy of their military orders to the landlord.
How to Break a Lease Due to Military Orders
If you are a military personnel or a family member and you need to break a lease due to military orders, follow these steps:
- Gather Required Documents: You will need to provide a copy of your military orders to the landlord. Make sure to obtain a copy of your orders from your chain of command or through the Military Personnel Division.
- Provide Written Notice: Within 30 days of receiving your military orders, provide written notice to the landlord. This notice should include your name, the address of the rental property, and a statement indicating that you are terminating the lease due to military orders.
- Notify the Landlord: Send the written notice to the landlord via certified mail, return receipt requested. Keep a copy of the notice and the certified mail receipt for your records.
- Coordinate with the Landlord: Work with the landlord to ensure a smooth transition. You may need to negotiate a settlement or find a new tenant to take over the lease.
Consequences of Breaking a Lease
Breaking a lease due to military orders can have consequences, including:
- Financial Penalties: You may be responsible for paying a penalty or damages to the landlord.
- Credit Score Impact: Breaking a lease can negatively impact your credit score.
- Future Lease Options: Breaking a lease may make it more difficult to secure a new lease in the future.
Alternatives to Breaking a Lease
Before breaking a lease, consider the following alternatives:
- Subletting: Find a new tenant to take over the lease. This can help minimize financial penalties and damage to your credit score.
- Assignment: Assign the lease to another military personnel or family member. This can be a good option if you are being reassigned to a new location.
- Negotiation: Work with the landlord to negotiate a settlement or modify the lease terms.
Table: Lease Breakage Consequences
| Consequence | Description |
|---|---|
| Financial Penalties | You may be responsible for paying a penalty or damages to the landlord. |
| Credit Score Impact | Breaking a lease can negatively impact your credit score. |
| Future Lease Options | Breaking a lease may make it more difficult to secure a new lease in the future. |
Conclusion
Breaking a lease due to military orders is a complex process that requires careful planning and coordination. While it is possible to break a lease, it is essential to understand the consequences and alternatives before making a decision. By following the steps outlined in this article and considering the alternatives, military personnel and their families can navigate the process of breaking a lease with minimal disruption to their lives.
Additional Resources
- Servicemembers Civil Relief Act (SCRA): www.scra.gov
- Military Personnel Division: www.military.com
- Federal Trade Commission (FTC): www.ftc.gov
Bullets List: Key Takeaways
• Military orders can break a lease, but it is not a straightforward process.
• The Servicemembers Civil Relief Act (SCRA) provides protections for military personnel and their families.
• To break a lease due to military orders, you must provide written notice to the landlord within 30 days of receiving your military orders.
• You must provide a copy of your military orders to the landlord.
• Breaking a lease can have consequences, including financial penalties and credit score impact.
• Alternatives to breaking a lease include subletting, assignment, and negotiation.
