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.


 
 

 
DoD
Scott Ash

Air Force: Top Airman discusses AF future

Scott Ash Air Force Chief of Staff Gen. Mark Welsh III gives his keynote speech at 2014 Air Force Association’s Air and Space Symposium and Technology Exposition, Tuesday, in Washington, D.C. WASHINGTON (AFNS) — Air Force C...
 
 
DoD

Marines: Gen. Mattis honored by No Greater Sacrifice

WASHINGTON — To most Marines this man is a legend. To other Americans he would just be another veteran sporting tightly cropped white hair and a face worn from years of combat. When he speaks listeners hear sincerity, confidence and blunt wisdom. He is a legend among those new and old to the Corps —...
 
 
DoD
Air-Force

Air Force: Recon squadron keeps remotely piloted aircraft flying

Staff Sgt. Nelson Cherry inspects an MQ-9 Reaper with the 62nd Expeditionary Reconnaissance Squadron Aug. 18, at Kandahar Airfield, Afghanistan. The Reaper is launched, recovered and maintained here. It is also remotely operate...
 

 
DoD

DoD announces guidance for upgrading discharge requests

The Department of Defense announced Wednesday that it has issued supplemental guidance to Military Department Boards for Correction of Military/Naval Records, BCM/NR, when considering petitions regarding discharge upgrade requests by veterans claiming post-traumatic stress disorder, PTSD. “This is our responsibility and the right thing to do for veterans,” said Secretary of Defense Chuck Ha...
 
 
DoD
untitled

Marines: Final flight of UH-1N Huey for HMLA-773

The UH-1N Huey (right) escorts a UH-1Y Venom during the final flight of the UH-1N Huey for Marine Light Attack Helicopter Squadron 773, Marine Aircraft Group 49, aboard Naval Air Station Joint Reserve Base, New Orleans, Aug. 28...
 
 
DoD

Air Force: AF uses lasers to preserve space history

JOINT BASE SAN ANTONIO-LACKLAND, Texas — The site of one of America’s proudest achievements is now little more than a weed-riddled concrete pad, surrounded by twisted, rusting metal. Cape Canaveral’s Launch Complex 14 is best known as the launch site for NASA’s “Friendship 7,” the flight that brought John Glenn fame as the first American...
 




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