Military Clause

By
Real Estate Services with BCL Properties-Manhattan, KS

Living near to a military base, we have many military families that rent with us. We have a military clause written into all of our leases. If you dont want to rewrite your lease to add it in you can always put it on as an attachment.  

Prior to entering into a rental or lease agreement with any military servicemember make sure you include a military clause. Contrary to popular belief, the Servicemembers Civil Relief Act does NOT help a tenent break a lease in all circumstances that they may encounter during their military service. You are STRONGLY ENCOURAGED to have a provision in your rental agreement to release them from their obligations. Attached is a military clause that you can include in a rental agreement as an attachment. Be sure to indicate on their lease, in the appropriate place, to see the attached military clause. Though the sample clause only requires 30 days notice, they will be better protected if they provide written notice and retain a copy of that notice. If you have any questions regarding landlord-tenant issues, leases, or other personal legal assistance matters, please contact the nearest military legal office for assistance.

SAMPLE MILITARY CLAUSE ADDENDUM 

IN THE EVENT the Tenant is or hereafter becomes, a member of the United States Armed Forces on extended active duty and hereafter the Tenant receives permanent change of station orders to depart from the area where the Premises are located or is deployed for more than 90 days, then in either of these events, the Tenant may terminate this lease upon giving thirty (30) days written notice to the Landlord. The Tenant shall also provide to the Landlord a copy of the official orders or a letter signed by the tenant's commanding officer, reflecting the change which warrants termination under this clause. The termination will occur 30 days after the first date on which the next rental payment is due and payable after the landlord receives proper written notice

  

__________________ _________

TENANT                         DATE

 

__________________ _________

CO-TENANT                         DATE

 

2/13/2008 UPDATE:  You may want to read more about the Servicemembers Civil Relief Act here at: http://www.uscg.mil/legal/la/topics/sscra/about_the_sscra.htm

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Location:
Kansas Riley County Manhattan
Groups:
Military Relocations
Military
Fort Riley Housing and Relocation
Kansas Realtors
Tags:
military clause
lease
scra
servicemembers civil relief act

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Anonymous #21
Anonymous
Justice

My tenants signed a 14 month lease well knowing of military orders in hand. They signed the lease one day before her husband was deployed. 3 months later I recieved a note on my door from his wifre giving a 30 day notice. She is currently going to school and as far as I know so far he does not have a change of station. Can the Military clause be abused to get out of a lease and move in with friends to save money while he is gone? It is to my understanding that she is getting monies to pay for the rent that they had to prove they are paying.

January 09, 2011 10:03 PM
Anonymous #22
Anonymous
Alyssa

My fiance and I signed a lease agreement with a serviceman and his girlfriend. He was shipping out to the navy's bootcamp in Illinois for 3 months and coming back to the apartment while his girlfriend remained at the apartment. They got married before he left and he took his orders to the office and him and his new wife were released from the lease. My fiance and I were accountable for the lease and rent and I know we were not approved to be responsible for the rent each month; it took all four of us to get credit approval on the lease. Neither I or my fiance make near what the rent is, and we are being told we are resposible for the rent. Do we have any rights or options?? 

January 19, 2011 08:53 PM
Anonymous #23
Anonymous
Alicia D.

Hello,

I am soon to be negotiating a lease and my recruiter told me to add in a military clause to my lease but I have yet to understand if the military clause would cover me in it since I am not fully a member of the US Navy I am only in the DEP (Delayed Entry Program). He said there could be a Certain way you could write it in as part of it but I am not sure if it is included allready or not.

"IN THE EVENT the Tenant is or hereafter becomes, a member of the United States Armed Forces on extended active duty and hereafter the Tenant receives permanent change of station orders to depart from the area where the Premises are located, or is relieved from active duty, retires or separates from the military, or is ordered into military housing, or is deployed for more than 90 days, then in any of these events, the Tenant may terminate this lease upon giving thirty (30) days written notice to the Landlord. The Tenant shall also provide to the Landlord a copy of the official orders or a letter signed by the tenant's commanding officer, reflecting the change which warrants termination under this clause. The Tenant will pay prorated rent for any days (they) occupies the dwelling past the first day of the month.

The damage/security deposit will be promptly returned to the tenant, provided there are no damages to the premises."

I was wondering if the "hereafter becomes" actually is what I need or not.

any help would be appreciated

October 31, 2011 02:42 PM
Rainmaker
76,178
Byron Lewis
Realtor, e-PRO, ABR, CRS, Manhattan Kansas Real Es
Landmark Real Estate

Hi Alicia

I don't practice law but I think the SCRA already has you covered on this.

http://www.justice.gov/crt/spec_topics/military/scratext.pdf 

Read Section XII

 

The servicemember may terminate a lease for residential, professional, business, or agricultural
purpose anytime:
after entry into military service; or
• after the date of military orders for a permanent change of station (PCS) move; or
• after the date of military orders for deployment with a military unit for at least 90 days.

October 31, 2011 03:13 PM
Rainer
36,618
Manhattan Kansas Property Management Homes For Rent
BCL Properties-Manhattan, KS

Alicia

This looks like it is covered under Section 305 (a)(1) of the Civil Service Members Relief Act so I don't know if you even need a clause.  May want to make sure the landlord understands this though.

 

 
 
   
 
 
October 31, 2011 03:27 PM
Anonymous
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