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

Air Force: AFRL bio-signature research may save firefighters’ lives

WRIGHT-PATTERSON AIR FORCE BASE, Ohio — Imagine facing down a raging fire, up close, with little or no time to save lives and protect property, hauling 75-pound hoses up multiple flights of stairs; carrying victims out and repeatedly putting your life on the line. Then imagine doing it nearly every day. It’s an extreme job...
 
 
DoD

Air Force: Career Intermission Program application window opens July 1

JOINT BASE SAN ANTONIO-RANDOLPH, Texas (AFNS) — The Air Force Career Intermission Program application window opens July 1 for eligible Airmen interested in taking one to three years off active duty for personal or professional needs. Applications must reach the Air Force Personnel Center no later than Aug. 31, with the total force selection panel...
 
 
DoD

DOD Civilian personnel chief discusses future force

WASHINGTON — The Defense Department’s top Civilian personnel policy chief discussed developments intended to address Civilian workforce challenges and improve performance management and resourcing as part of the Future of the Force initiative during a panel discussion held here Tuesday. Paige Hinkle-Bowles, deputy assistant secretary of defense for Civilian personnel policy, participated in...
 

 
DoD

Utility jobs training to open for troops, veterans, spouses

WASHINGTON — The Defense Department announced Tuesday a partnership to launch employment training for transitioning service members, veterans and military spouses in highly skilled utility industry jobs. The Utility Industry Workforce Initiative is a public-private partnership comprising DOD, the departments of Energy, Veterans Affairs and Labor, and private-sector companies Edison Electric I...
 
 
DoD
Air-Force

Air Force: Airmen foster ‘wingmanship’ through gaming

Airmen from the 319th Air Base Wing at Grand Forks Air Force Base, N.D., play an interactive video game in their dormitory dayroom, May 28. Gaming has become a popular way for Grand Forks Airmen to connect outside of duty hours...
 
 
DoD

DOD: Secretary of Defense joins Facebook

WASHINGTON — Defense Secretary Ash Carter became the first secretary of defense to join Facebook May 29, Pentagon officials announced. In a statement released after Carter joined, officials said the secretary of defense will be able to personally communicate with nearly three million Service members and Civilians on the social media platform. The defense secretary’s...
 




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=""> <s> <strike> <strong>