Understanding the Military Clause in Residential Leases
A Special Provision for Our Service Members
The Military Clause is an exceptional provision added to residential leases for those actively serving in the military. This clause allows military personnel or reservists to break their lease agreements without the financial penalty of forfeiting their security deposits if they are transferred to a new location or called to duty with minimal advance notice. This clause not only protects the servicemember’s financial interests but also provides peace of mind during uncertain and often abrupt changes in duty station assignments.
Real-Life Application
Consider Zeke, an Army servicemember. Like many in the armed forces, Zeke experiences frequent transfers between bases. Knowing the challenges that come with unexpected relocations, Zeke insists on including a Military Clause in his 1-year lease agreement. This clause ensures he will not face penalty if his unit suddenly relocates him, thereby protecting his security deposit and providing flexibility needed by military personnel.
Key Provisions of a Military Clause
To implement this vital lease provision, certain conditions must typically be met:
- Official Orders: The tenant must provide proof of official military orders requiring a permanent change of station or deployment for a period of at least 90 days.
- Notice Period: A written notice of lease termination must be submitted, generally within 30 days (though this can vary depending on the terms of the lease).
- Financial Obligations: The tenant may be responsible for the rent up to the effective date of termination specified by their orders.
Benefits of a Military Clause
- Financial Security: Ensures the security deposit is not forfeited, thereby protecting a servicemember’s financial interests.
- Reduced Stress: Offers peace of mind knowing lease termination can be handled swiftly without financial penalties during transfers or deployments.
- Flexibility: Facilitates the ability for military members to adapt to spontaneous changes in duty arrangements.
FAQs about Military Clause in Leasing
Q: Can a landlord refuse to include a Military Clause in the lease?
A: In many jurisdictions, the Servicemembers Civil Relief Act (SCRA) mandates landlords to allow lease termination under certain conditions, minimizing the landlord’s discretionary refusal.
Q: What type of lease qualifies for the Military Clause?
A: Most residential leases, whether they are month-to-month or fixed-term, can include a Military Clause.
Q: Is there any penalty for breaking a lease under the Military Clause?
A: Usually, no. The clause protects the servicemember from financial penalties and sometimes might require the payment of a prorated rent until the move-out date.
Q: How soon can a military tenant terminate their lease after receiving orders?
A: It typically requires a 30-day written notice. However, this can depend on individuals’ lease agreements.
Q: What if my deployment is canceled after I’ve submitted a notice to break the lease?
A: Communicate promptly with your landlord to explore possible solutions, such as revoking the termination notice if both parties agree. Specific arrangement policies would likely depend upon local landlord-tenant laws or the exact terms of your lease agreement.
In conclusion, the Military Clause stands as a testament to recognizing and addressing the unique lifestyles and responsibilities of our armed forces. Ensuring clarity in all leasing terms related to this provision can offer vital support, fostering more supportive and understanding relationships between military tenants and their landlords.
Related Terms: Residential Lease, Security Deposit, Military Transfer Orders.
