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.


 
 

 
Maci Hidalgo

Army makes significant strides in energy programs

Maci Hidalgo Steven Lyman, a worker with Triad, a company working on the utility-owned solar array at Fort Huachuca, welds a part onto a support shaft for a solar panel at the 68-acre solar array park adjacent to the Thunder Mo...
 
 

Fort Huachuca showcases energy audit program

October is Energy Awareness Month and it is an appropriate time to describe the programs and services available to those responsible for managing Fort Huachuca’s various facilities. As part of the Army’s Net Zero Program, Fort Huachuca personnel are working to both reduce its energy consumption and to produce more of what people do use...
 
 

Ebola Virus Disease outbreak — know the facts

Ebola Virus Disease, previously known as Ebola Hemorrhagic Fever, was originally discovered in 1976 in what is now known as the Democratic Republic of the Congo and since its first discovery has appeared sporadically through Africa. It is still unknown how the first human became infected; but, it is suspected the first person was infected...
 

 
Dr. Randal Schoepp

Dempsey says combating Ebola a national security priority

Dr. Randal Schoepp Soldiers working at the Aberdeen Proving Ground, Maryland-based 1st Area Medical Laboratory, prepare to leave to set up laboratories to support Operation United Assistance, the U.S. response to the Ebola outb...
 
 

Nominations sought — Lt. Gen. Sidney T. Weinstein Award for excellence In Military Intelligence

Nominations are being accepted for the 2015 Weinstein Award through March 4, 2015. To be eligible, a candidate must be a Military Intelligence officer of the rank of captain in the Active Army, Army Reserve or Army National Guard. He or she must have performed actions which positively promote, impact, advance and bring honor to...
 
 
Maci Hidalgo

Six retirees honored Oct. 17 during ceremony on Brown Parade Field

Maci Hidalgo Members of the 40th Expeditionary Signal Battalion deliver flowers to spouses and Family members during the Fort Huachuca installation retirement ceremony on Brown Parade Field Oct. 17. Flowers were given in recogn...
 




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