Military Lease Clause


PD Properties rents to hundreds of military men and women. We receive many questions such as “What is a Military Lease Clause”, or “What is your Military Lease Policy.”, or “How do I get out of my lease if I get PCS (permanent change of station) orders”.  We thought we should share this helpful information. 

 

All landlords in the United States must follow the Service Member Civil Relief Act (SCRA). SCRA Lease Termination Provisions are the most important sections to be familiar with for service men and women who are renting. In addition, PD Properties has an updated military clause in our lease which restates these provisions and makes sure everything above board.

 

SCRA Lease Termination Provisions

The SCRA makes provisions to allow a service member to terminate certain lease agreements as described here.

 

Real Property Leases

Lease of premises occupied, or intended to be occupied, by a service member or a service member’s dependents for a residential, professional, business, agricultural, or similar purpose if:

  • the lease is executed by or on behalf of a person who thereafter and during the term of the lease enters military service; or
  • the service member, while in military service, executes the lease and thereafter receives military orders for a permanent change of station or to deploy with a military unit for a period of not less than 90 days.

To terminate the lease, the member must deliver written notice to the landlord at any time after call to active duty or receipt of orders for active duty. Oral notice is not sufficient. The effective date of termination is determined as follows:

  • For month to month rentals, the termination becomes effective 30 days after the first date on which the next rental payment is due subsequent to the date when the notice of termination is delivered. For example, if the rent is due on the first day of each month, and notice is mailed on August 1, then the next rental payment is due and payable on September 1. Thirty days after that date would be October 1, the effective date of termination.
  • For all other leases, termination becomes effective on the last day of the month following the month in which proper notice is delivered. For example, if the lease requires a yearly rental and proper notice of termination is given on July 20, the effective date of termination would be August 31.

I hope that these examples help to clear things up. If you have any questions please email, call, comment or tweet us at PD Properties. Again, thank you to all of the servicemen and women that serve our great country.