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Military landlords have to adhere to a different set of rules and regulations if they rent or lease to military people. Certain laws provide some relief to service people from a contract of lease when called to duty. Landlords should be aware of these laws and the way they affect the lease agreements. This article provides answers to some of the most commonly asked questions about issues related to this. Does a landlord have the right to keep a security deposit if I gave them 30 days notice but didn’t show them the military papers?
To get the protection of SCRA you should follow the terms which are quite specific. It matters little what agreement you might have with your landlord. To get the benefit of SCRA you have to serve appropriate notice along with an attached copy of the orders. If you don’t provide these two things, you may have to abide by your landlord’s wishes. Will the lease of a landlord trump SCRA? The tenants were allowed to write their own military clause since I was not conversant with SCRA. It has been written more in their favor than if I put SCRA in it.
The Soldiers and Sailors Civil Relief Act is a federal law which means it will override any state law or lease. However, if either of you had agreed upon a less imposing lease agreement, it will have an overriding effect over SSCRA. In the future, to protect your interest you may place a clause in your agreement saying that it will trump any issue related to PCS orders. When a military couple gives a 60 days notice and a copy of the orders to the landlord, should they pay rent on the rental home until someone rents it?
In case the tenants have done that, they have no further liability to the landlord. Tenants would be within their rights after the rent and an additional month’s rent is paid. While the landlord may try to drag the couple to court for more money, in all probability the judgment will favor the couple. Is it possible for a landlord to keep a deposit when a soldier breaks the lease due to TDY military orders?
If you are breaking the lease due to military orders, your deposit would have to be returned by the landlord. You may explain to your landlord that your deposit cannot be retained because you have orders from the military. If you fail to reach an agreement contact your local JAG. Usually, they would send a letter to the landlord informing that he / she cannot withhold the deposit. Does a landlord have the right to refuse to acknowledge the termination of a lease and continue charging a tenant?
You should provide a minimum of 30 days notice that you would be moving under military orders. You may send it by hand or mail with a request for return receipt. Once the notice is received, you have to pay the current rent and an additional rent for one month. Once you have done everything, the landlord has to acknowledge the termination of the lease. Even after this if there is any effort on his / her part to overcharge or keep the money, you may have to drag the person to small claims court. Landlords are sometimes unaware of the laws regarding military service people and their lease agreements. You should know the laws of your state and how they might impact you. If you are in doubt, or have any queries, it is better to ask a military lawyer to decide the best course of action.
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