DoD

June 7, 2012

Rental agreements — SCRA protects Soldiers

Staff Judge Advocate

Soldiers often find they have to move out of rental property sooner than expected due to reassignment, deployment, or other military-related relocation events. This can be a strain on the wallet because most leases include extra fees for early termination. However, the Servicemembers Civil Relief Act protects Soldiers in certain situations from early termination fees.

A Soldier can cancel a lease early with no penalty when he or she receives permanent-change-of-station orders or comes up on orders to deploy. In either case, he or she has to be gone for more than 90 days before the benefit applies. Even if the lease has a “military waiver clause” or a service member accidentally waived early termination rights, the waiver clause is not valid unless it is executed on a completely separate document referring to the lease.

When service members find they have to move earlier than expected, they have landlord notification responsibility.

The SCRA requires that military personnel notify their landlord by giving them a copy of the orders and a written notice of their intent to terminate early. Early report dates on PCS orders can be the basis of when a service member decides to terminate the lease.

Soldiers cannot rely on the SCRA to cancel early if they decide the location of their rental is inconvenient or the cost of the utilities bill is too high.

Soldiers and other military members have other protections.

The Arizona Residential Landlord and Tenant Act requires landlords to maintain the property as fit premises for occupancy. Unfortunately, finding a better deal somewhere else doesn’t exempt a Soldier from early termination fees.

A service member’s landlord can charge rent for 30 days after the date the next rental payment is due, after the date the service member gives the landlord written notice. For example, a Soldier gives notice on April 15. The next rental is normally due May 1. The landlord can make the service member pay rent until May 31. The key is to get the written notice in the landlord’s hands as soon as possible.

For other lease-related information, call the Legal Assistance Office, 533.2009/0615.




All of this week's top headlines to your email every Friday.


 
 

 
Mike Williams

Flooding still underway this year — avoid water runoff problems

Mike Williams Runoff crosses the road during a monsoon storm. Remember to stay safe, and if you see even a small amount of water crossing the roadway, remember to ‘Turn Around, Don’t Drown!’ While rain in a desert climate...
 
 

Antiterrorism Awareness Month: Army community must stay alert

WASHINGTON — A suspicious package arrives in the mail. An employee is acting erratically. A group is seen surveying an Army installation. A social media contact you’ve never met has taken a keen interest in your unit’s movements. The Army community needs to be aware of their surroundings and report anything that seems out of...
 
 

2014 Antiterrorism Awareness Message

What are the dangers which menace us? If any exist they ought to be ascertained and guarded against. ~ James Monroe, 1st Inaugural Address, March 4, 1817 August marks the Army’s fifth annual observance of Antiterrorism Awareness Month. Each year, we improve our defenses through increased threat awareness and organizational and individual protection measures. Throughout...
 

 
U.S. Army photo

New Army PT uniforms result of Soldier feedback

U.S. Army photo Capt. Leala McCollum poses in the Army Physical Fitness Uniform running jacket and pants. WASHINGTON — A new Army Physical Fitness Uniform will become available service-wide, beginning in October next year. It...
 
 

How Office of Soldiers’ Counsel can assist with disability proceedings

The Office of Soldiers’ Counsel, OSC, is an organization of judge advocates and Civilian attorneys/paralegals spread out over 30 locations worldwide, with roughly 200 attorneys and paralegals. The organization has representatives ready to assist Soldiers throughout their disability process, with specific counsel for the Medical Evaluation Board, MEB, stage of their case, and other counsel...
 
 
Maranda Flynn

Fort holds memorial ceremony for recently retired FH police chief

Maranda Flynn Andrew and Lisa Shears carry the remains of Ollie James Shears, the recently retired chief of police with Fort Huachuca’s Directorate of Emergency Services, into the Main Post Chapel, Fort Huachuca, Aug. 8, for ...
 




0 Comments


Be the first to comment!


Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>


Directory powered by Business Directory Plugin