The Importance of a Military Clause and How it Works

By: Scott Rojo0 comments

Thousands of active-duty service members in the United States live in rental residences near military bases and facilities. However, when duty calls, military personnel may be required to transfer swiftly, and frequently permanently, across the country or beyond. These service personnel may be faced with difficult options regarding their existing lease. Military renters, on the other hand, have nothing to be concerned about if their contract includes a military provision.

A military lease clause can help service personnel who need to end their lease early. It is critical for both landlords and military renters to understand the extent of this provision, as it helps to ensure that all parties’ rights and obligations are appropriately protected.

The primary goal of a military lease provision is to provide flexibility to service personnel and their families, whose housing requirements often alter abruptly and unexpectedly. When a military tenant receives an order to relocate, they may use the provision to cancel their lease without incurring the customary financial penalties, such as paying rent for the balance of the lease period.

Military lease provisions are special contracts between military renters and landlords or property management businesses. They frequently stipulate the notice time that the renter must present to the proper party, as well as the documentation necessary to authenticate their military orders.

What is the distinction between a military lease provision and a SCRA?

Service members may also be aware of the safeguards offered under the Service members Civil Relief Act (SCRA). While military lease terms and the SCRA provide similar housing rights to active-duty military personnel, there are some significant variations between the two.

The most significant difference between the two safeguards is who they apply to. While the SCRA provides expanded rights to military personnel and their families, it may not provide lease relief for cosigners, such as spouses or parents. If a service member receives orders to relocate and does not have a military lease provision, their cosigner may be unable to cancel the lease early. This is why obtaining coverage from both is the most comprehensive protection for military members and their families.

When to Sign a Military Lease Clause?

When signing a new lease, service members should request that it include a military provision. Military tenants should be forthright with their landlords or property management businesses about their military duty and probable future move. This can assist to foster a constructive connection and ensure that the landlord is aware of their tenant’s conditions.

If a military tenant wants to extend an existing lease, they need make sure that the military provision is included.

Example of Termination Clause for Military Leases:

A military lease provision can be as basic or extensive as the service member requires, but it should always be precise enough to protect them from any eventualities that might force them to relocate before the lease expires.

Here is an example of a military lease clause:

If the Tenant is currently, or is subsequently activated as, an active-duty member of the United States Armed Forces on extended active duty and subsequently receives permanent change of station orders necessitating their departure from the vicinity of the Premises, or is relieved from active duty, retires, separates from the military, or is directed to military housing, then the Tenant may terminate this lease by providing written notice. Additionally, the Tenant must provide the Landlord with a copy of the official instructions or a letter signed by the Tenant’s commanding officer, indicating the change that warrants termination under this clause. The Tenant shall pay prorated rent for any days after the beginning of the month during which they continue to occupy the residence. The damage/security deposit will be promptly repaid to the Tenant if there are no damages to the premises.

To get help creating a military lease provision and complying with state and federal regulations, service members can contact their local military legal office. As previously said, it is critical for a landlord and tenant to develop a cooperative agreement that meets both of their interests.

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