Army

October 18, 2012

Servicemembers Civil Relief Act provides rights for terminating auto leases, home leases, cell phone contracts

Tags:
Capt. Nate Mealy
Legal Assistance SJA, NTC and Fort Irwin


In 2003, Congress passed the Servicemembers Civil Relief Act. The SCRA allows Soldiers to get out of phone service agreements, and car and home leases without any penalty when they first join the military and whenever they have a permanent change of station, or deploy.

The SCRA’s lease-termination rules are pretty simple. Whenever Soldiers first join the military or come onto orders, they can get out of most car or home leases that preexisted their enlistment, commissioning, or mobilization. In order to escape a car lease, active duty orders must extend for a minimum of 180 days. Soldiers may also get out of most leases when they PCS or deploy as long as the leases were executed after they joined the military and, in the case of deployment, they meet the proper timing thresholds. To terminate a home lease, Soldiers must deploy for at least 90 days. To terminate a car lease, Soldiers must deploy for no less than 180 days. Furthermore, in order for the SCRA to apply to a car lease under the PCS rule, the change in duty station must be from the continental United States, to outside the continental U.S. (CONUS to OCONUS).

As far as cell phone contracts go, the rules are almost exactly the same. Whenever a Soldier receives orders to either deploy outside of the U.S., for more than 90 days or permanently change duty station within the U.S., a Soldier may terminate a cell phone contract as long as the ability to satisfy the contract or to utilize the service will be materially affected by such deployment or permanent change. In other words, if service in the Army makes the use of your cell phone pointless or overly burdensome, you are allowed to cancel it.

If you are interested in terminating a cell phone agreement, or car or home lease, and you think you qualify, stop by the Fort Irwin Legal Assistance Office to make an appointment. We are open from 8:30 a.m., to 4 p.m., Monday through Friday, and ready to assist you.

The termination process requires a copy of your orders, a form letter, and delivery of notification to the party holding your lease or contract. If you paid any rent in advance, let us know and we will assist you with getting that back under the SCRA as well.




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


 
 

 
Photo by Jason Miller, Public Affairs Office

The biggest challenge ever!

Photo by Jason Miller, Public Affairs Office Staff Sgt. Jimmy Toun, 11th Armored Cavalry Regiment food service sergeant, arm wrestles MasterChef star Gordon Ramsay after the filming of the biggest cooking challenge in the five ...
 
 
Col

Thrive while you’re here, feel proud after leaving

If you’ve recently arrived to the National Training Center and Fort Irwin – welcome! And if you are departing to serve at another great duty station – feel proud of having contributed to the mission of maintaining and str...
 
 
Photo by Gustavo Bahena, Public Affairs Office

Deputy commander riding off into retirement

Photo by Gustavo Bahena, Public Affairs Office Wayne Taylor rides on the way to a Welcome Home Vietnam Veterans ceremony at Fort Irwin. Taylor, an avid rider, rode his Harley in the motorcycle procession through the installatio...
 

 
Road_impact_map

New hospital construction to impact roads July 7-20

  Traffic flow and road accessibility will be impacted on some roads of Fort Irwin, July 7-20. Signs will inform motorists of 1) Local traffic only access. 2) Local traffic and hospital only access, and 3) Intersection wil...
 
 
Cake_cutting_DFAC1

Taking care of business since 1775

National Training Center and Fort Irwin command team Maj. Gen. Ted Martin (right) and Command Sgt. Maj. Stephen Travers (left) cut an Army birthday cake at Fort Irwin, June 11. Cutting with them is Pvt. Austin Heiser, of 2nd Sq...
 
 

Be aware of heat injury signs

Heat is the number one weather-related killer in the United States. On average, excessive heat claims more lives each year than floods, lightning, tornadoes and hurricanes combined. During extremely hot weather the body’s ability to cool itself is affected. This happens when the body heats too rapidly to cool itself properly, or when too much...
 




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