Can You Break a Lease with Military Orders?
As a military member, you may find yourself facing a situation where your military orders require you to relocate to a new location, leaving you with a lease that you can no longer fulfill. This leaves you wondering: can I break my lease with military orders?
The General Rule
In most states, a lease is a binding contract between the tenant (you) and the landlord. This means that you are obligated to comply with the terms of the lease, including paying rent on time and maintaining the rental property. However, federal law provides some protections for military personnel who are affected by military orders.
The Servicemembers Civil Relief Act (SCRA)
The Servicemembers Civil Relief Act (SCRA) is a federal law that provides protections for military personnel who are serving on active duty. One of these protections is the ability to terminate a lease early in certain circumstances.
Mandatory Relocation
One of the most common circumstances under which you may be able to break your lease with military orders is a mandatory relocation. This is when your military orders require you to relocate to a new duty station, but your lease does not permit you to terminate the agreement.
How to Apply for Lease Termination Under the SCRA
If you are facing a mandatory relocation and want to break your lease, you will need to apply for lease termination under the SCRA. Here are the steps you can follow:
- Notify Your Landlord: Provide your landlord with written notice of your intent to terminate the lease.
- Provide Documentation: Provide your landlord with proof of your military orders and a copy of your rental agreement.
- Await Response: Your landlord will have a certain amount of time (usually 30 days) to respond and either agree to terminate the lease or contest your application.
What Happens if Your Landlord Doesn’t Agree?
If your landlord doesn’t agree to terminate the lease, you may need to file a lawsuit to enforce your rights under the SCRA. This can be a lengthy and costly process, so it’s essential to work with your landlord and try to come to an agreement.
Other Exceptions
In addition to mandatory relocation, there are a few other circumstances under which you may be able to break your lease with military orders. These include:
- Deployment: If you are deployed for military service, you may be able to terminate your lease early.
- Medically Necessary Relocation: If you are required to relocate due to a medical condition, you may be able to break your lease.
- Natural Disasters: If your rental property is damaged or rendered uninhabitable due to a natural disaster, you may be able to break your lease.
States with Additional Protections
Some states have additional laws that provide protections for military personnel who are facing financial hardship due to military service. These laws may require landlords to provide additional breaks or concessions to military personnel. Some examples of these states include:
| State | Additional Protections |
|---|---|
| California | Landlords must provide a 10-day notice period for eviction proceedings |
| Florida | Landlords must provide a 30-day notice period for eviction proceedings |
| Texas | Landlords must provide a 30-day notice period for eviction proceedings |
Conclusion
Can you break a lease with military orders? The answer is yes, but you will need to follow specific procedures and provide documentation to support your claim. Additionally, some states have additional laws that provide protections for military personnel. By understanding your rights and obligations, you can navigate the challenges of military relocation and get the support you need.
Additional Resources
If you are facing a mandatory relocation and need to break your lease, here are some additional resources that can help:
- United States Department of Defense: The Department of Defense offers a range of resources for military personnel, including information on the SCRA.
- Military One Source: Military One Source provides a range of resources for military personnel, including guidance on breaking a lease and relocating.
- Local Legal Assistance: Consider seeking the advice of a local attorney who is experienced in landlord-tenant law. They can help you navigate the process and advocate on your behalf.
