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.


 
 

 
JAG-Corps

Special Victim Counsel Program update

As you may be aware, the Army launched the Special Victim Counsel Program on Nov. 1, 2013 as part of the Army’s efforts to combat sexual assault within our ranks. The SVCP is designed to strengthen our support of victims of s...
 
 

Warrior Renew: A unique trauma recovery program for sexual assault survivors

The Fort Irwin SHARP program is teaming up with MEDDAC to implement a six-week, full-time trauma recovery program for active duty servicemembers and dependents, who are survivors of sexual assault – the first of its kind in an active duty setting. The Warrior Renew Program uses an integrated curriculum specifically designed to address the unique...
 
 
Courtesy photo

What is the Special Victim Counsel?

Courtesy photo The Fort Irwin SHARP Team partnered with the Marine Corp Logistics Base SHARP Team for the “NO More” 5k event. The Special Victims Counsel is a legal assistance attorney who has received special training to p...
 

 
Kenneth Drylie

Honoring military for 55 years

Kenneth Drylie Soldiers from 2nd Squadron, 11th Armored Cavalry Regiment, participate in the 55th Annual Torrance Armed Forces Day Parade, May 17. Soldiers and civilians of the National Training Center and Fort Irwin participat...
 
 
Photo courtesy of www.army.mil

Gold Star pins symbols of honor

Photo courtesy of www.army.mil Major Nalorn Sengamphan, deputy commander and general dentist with United States Army Dental Clinic Command at Fort Irwin, speaks April 9 at Fort Irwin during a ceremony honoring victims of the Ho...
 
 

News Briefs June 6, 2014

Ongoing Registration for Vacation Bible School “Wilderness Escape: Where God Guides and Provides” at www.groupvbspro.com. Free and hosted at the Fort Irwin Center Chapel, July 28-Aug. 1. Step back in time at “Wilderness Escape,” exploring some of the adventures faced by Moses and the Israelites. Kids and adult volunteers participate at the Israelite Camp, sing...
 




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