When you are in the military, one of the concerns you will face is housing. Constantly facing the threat of a move makes it difficult to commit to buying a home, yet you need a comfortable place to live. While many will choose to live in housing provided by their base, some families appreciate the freedom and distance that a house off-base offers. Because of these realities, many military families choose to rent, rather than buy, a home.
In 2010, the Office of the Secretary of Defense, Housing and Competitive Sourcing ordered a survey of a section of military families to determine what their housing choices were. The study found that 22 percent chose to live in military family housing, 32 percent rented, and 38 percent owned their homes. An additional 7 percent lived in privatized housing. With 32 percent of military families living in rented homes that are not in military housing establishments, it's critical that members of the military understand their rights when it comes to housing and rental leases.
Because of the nature of military careers, there are times when you may need to break your lease before the end of your contract term. Some of these times may include:
If you're facing one of these situations, and you are not at the end of your existing lease, you need to understand your options so you know how to best proceed. A lease is a legally binding contract, and without the right protections in place, you could end up in serious legal trouble by walking away. This guide will help you understand the law surrounding leases and how it affects you as a member of the military. It will also help you understand what your options are if you have to break your lease because of your military service.
When your military work takes you to a new state or even a new country, walking away from your lease is risky. Depending on the terms of the lease, simply moving without taking other measures could land you huge fees. While there are certain protections in place on both Federal and state levels to prevent this hardship, one of the first lines of defense you can take is to ensure your lease has a military clause.
A military clause provides protection for servicemembers by adding a clause to the lease that allows for breaking of the lease without penalty for specified military action, such as the move to military housing or the need to deploy. If your lease contains this clause, take the time to read and understand it. If it does not, consider asking your landlord to agree to add one, particularly if you have an idea that a change in duty or a move to military housing may be coming.
After the passing of Servicemember Civil Relief Act in 2003, the need for military clauses diminished somewhat. However, before this act was on the books, a military clause was the only protection for servicemembers to prevent them from costly penalties if they received orders before the end of their lease. It's still a valid protection today, because it provides an easier way to enact the rights outlined in the law.
In general, a military clause will:
In your military clause, you will want to include:
If you need to break a lease under a military clause, you will want to provide your landlord with the following:
A military clause does not give permission to terminate the lease for any reason, but only for the specific reasons outlined in the clause or under Federal or state laws as pertains to military moves.
If you don't have a military clause in your contract, consider requesting one. Most landlords who are used to renting to members of the military will understand the need for this protection. Simply have the clause added as an addendum to the lease. If your landlord is not interested in adding the clause, your local housing office may be able to help. They may be able to point you toward better housing options that include this lease. Finally, check with an attorney to see if you live in a state that requires this clause.
For more information about military clauses, visit:
Options for Breaking the Contract Without a Military Clause
If your lease does not have a military clause and your landlord is not willing to add one, or you don't remember to ask before your orders arrive, you may still have some protection. The Servicemembers Civil Relief Act places a number of protections in place for active duty servicemembers who are deployed or moving for other reasons.
The SCRA is not a new law, but rather a revision of the Soldiers' and Sailors' Civil Relief Act. It contains a number of provisions and protections for servicemembers, including the right to terminate a lease in specific circumstances.
In general, the SCRA offers the ability to break a lease in one of three instances. These are:
Understanding this law will help you understand the protections that apply to you. Here are some of the details about the SCRA.
The SCRA provides quite a bit of protection, but it also requires quite a number of hoops to jump through to terminate the lease. If you want to have better control over how you terminate the lease, you will want to ask for a military clause that better outlines the terms of termination should the need arise.
In addition to the protections afforded in the SCRA, you may have provisions on the state level that add more protection. One of the most distinctive is the protection in North Carolina. Other states have similar protections that a local lawyer could help you discover.
For more information about the SCRA and how it applies to your lease, visit:
In addition to these protections, you can protect yourself as a servicemember from the likelihood of having to break your lease by properly budgeting for that inevitability. If you have some money set aside for this potential problem, and you do find that you have to break your lease, and there are some penalties as a result, you will have the money ready to cover those penalties.
In addition to these budgeting tips, it's important to know what penalties you could face if you break your lease without proper protections in place. Some of these penalties include:
These costs will remain in effect for the duration of your lease. They can add up quickly, and for this reason you want to ensure that you have the right protections in place at the start of your lease.
For more information about budgeting for your inevitable move, visit:
When it comes to rental leases, members of the military need to know their rights. A move is almost inevitable when you are in the military, and you need to know how a move would affect your lease. The good news is that with the right protections in place, including the protections afforded in the SCRA and the addition of a military clause, as well as proper budgeting for your move, you can move forward with your military career without fear of your residential lease. To ensure you are properly protected and have a thorough understanding of these factors, consider the following resources:
