What Is the Meaning of the ‘Military Clause’?
By Space Coast Daily // January 17, 2023
A “military provision” can be included in a residential lease, allowing the service member to get out of the lease and have their security deposit back if they are called to active duty or have to move for a service-related cause.
Members of the active military, the National Guard, and the reserve are the only persons authorized to utilize it.
Thanks to this arrangement, family members who are summoned to active duty need not worry about being separated from their loved ones. Similar to civilians, military members have their deposits insured so that they can’t be forced to withdraw money if they’re ordered to.
Definition of a Military Clause and How It Works
A military clause may apply to active-duty members of the United States Armed Forces (including the Reserves and National Guard). It is not mandatory, however, this clause is commonly included in leases in areas adjacent to military bases.
As a result, landlords that are willing to make accommodations for military tenants may see a decrease in the number of vacant units, but they may also increase their financial exposure if their tenants break the lease.
For purposes of invoking a military provision, a member’s permanent change of station is a qualifying occurrence. A copy of the service member’s orders must be presented to the landlord in the event of an early termination of the lease.
In addition, the service member and their commanding officer will need to provide current contact information in a written and signed notice of intent to vacate the property.
The letter should also include a request for the return of any security deposits and a firm moving-out date. It is best practice to send any legally binding document by Certified Mail with a signed delivery receipt requested and to make and keep copies of the originals.
If Landlord receives a copy of the orders, the lease will expire on the last day of the month after that. The lease would end on February 28th if the renter gave notice to the landlord in January. The due date for rent payments has been extended to February 28.
The Servicemembers Civil Relief Act and the Military Clause
The military provision was modeled after analogous language in the Servicemembers Civil Service Relief Act (SCRA). This federal law was passed in 1940 to protect service members from financial mistreatment and theft.
The SCRA provides protection from a wide range of potential penalties for transitioning service members.
Repossession of a car, the closure of a storage unit, foreclosure, pending legal action, credit card debt, and other financial obligations. The SCRA applies to both permanent changes of station moves and deployments longer than ninety days.
If a service member is unable to terminate a lease or if the landlord refuses to comply with the SCRA, they should contact the local office of a military legal assistance program for advice.
You may find information about where different Defense Department offices are located on their website.
