Breaking a Lease for Military Service: SCRA Lease Termination
There are only a few specific reasons that a tenant can legally break a lease, and many of these reasons vary from state to state. One valid reason for breaking a lease is for relocation of active-duty service members.The Servicemembers Civil Relief Act (SCRA) protects the military from legal action when terminating a lease. SCRA lease termination is protected across the country, as long as the leaseholder has active military status and holds orders to relocate.
If you are looking to complete an SCRA lease termination but don't know where to start, DoNotPay can walk you through the steps to put together the paperwork needed.
When Breaking a Lease Is Justified
Under the protection of the SCRA, any active-duty military member can break their lease in order to relocate. To be protected under this specific act, a person must have these four things:
- Have orders for deployment (of at least 90 days) or permanent change of station
- Be a spouse of a service member that was killed in the line of duty (within one year of death)
- Be a full-time National Guard members
- Have reserve duty status or be in inactive-duty training
What You Need to Have to Break Your Lease Due to Military Service
If you are an active-duty member of the military, the SCRA protects your right to break your lease whenever you are ordered to relocate to a different military base. You can help yourself in the process by letting your landlord know before you have to break your lease that you are in the military and are protected under this law.
Here is what you need to show your landlord when breaking your lease for relocation in the military:
|Military Verification Status||Even if you have informed your landlord that you are in the military, the landlord should still take the step to verify your military status when you request to break your lease.|
|Letter Detailing the Reasons for Breaking Your Lease||You will need to write a letter that details the reason that you are leaving before your lease term has ended, such as deployment or permanent change of station, and include that you are protected by the SCRA.|
|Copy of Orders||Along with the letter, you should also submit to your landlord a copy of the orders that you received that show you need to relocate.|
How to Break a Lease on Your Own if You’re in the Military
When you are in the military, where your orders take you isn't always predictable. That is why the government protects active-duty military members from having to deal with issues that arise from breaking a lease.
For SCRA lease termination, you will need to inform your landlord that you have orders that require you to relocate. You should also submit a SCRA protection letter detailing the protections that you have and that you are justified in being able to break your lease.
Landlords are not allowed to sue for collections or take actions to evict a tenant under these protections, and landlords who try could face fines and restitution. However, some landlords may try to take legal action against you anyway, which is why it’s helpful to have someone, like DoNotPay, help you create your SCRA protection letter.
How DoNotPay Can Help With Your Lease
Breaking a lease isn't always an easy process. However, if you are protected by SCRA, then you can break your lease without having to worry about getting stuck with termination fees or the threat of a lawsuit.
With DoNotPay, we can quickly create your SCRA protection letter for you in just a few steps. Here's how you can get started in 3 easy steps:
- Search Break My Lease on DoNotPay.
- Prepare a signed copy of your lease that you can use as a reference, and enter the state the lease was signed in.
- Let us guide you through the 4 potential options.
In your situation, DoNotPay will likely follow the first option to help you break your lease, but there are other options as well:
- If you're a uniformed service member breaking a lease to fulfill your service obligations, we'll send your landlord an SCRA Protection Letter.
- If you're breaking your lease for a reason protected by your state's tenant laws, we'll write your landlord a letter detailing your protections for breaking the lease under the relevant law.
- If your reasons for breaking your lease aren't protected by federal or state law, but you'd like to try to convince your landlord to let you break the lease through mutual agreement, we'll draft a hardship letter making your case to your landlord.
- If there are no remaining options for breaking the lease with protection, but your state requires landlords to mitigate damages to tenants who break their leases, we'll notify your landlord of that obligation and minimize the remaining rent you have to pay.
Why Use DoNotPay to Solve Your SCRA Lease Termination
If you are breaking a lease due to military service, and it falls under the protection of the SCRA law, then you need to make sure you are taking the right steps so that you can get out of your lease without any penalty.
Using DoNotPay to get the process started will help you get your request to the right people, and give them the information they need to comply with your lease termination. It is a quick and easy way to get the job done, so you have one less thing to worry about.
To find out more information about legal reasons to break your lease in your state, refer to this table:
More Solutions and Answers for Your Lease Problems
If you still have questions about breaking your lease, DoNotPay has the answers. Learn more about your renters’ rights:
- Learn what happens if you break a lease
- Explore what breaking a lease may do to your credit
- Discover how you can break your lease without penalty
- Consider how much it may cost to break a lease
- Check out legal reasons to break a lease
What Else Can DoNotPay Do for You?
DoNotPay can help you with many common tasks that you need to get done. Some of these tasks include:
- Reducing property taxes
- Settling a breach of contract
- Changing mailing addresses
- Setting up a power of attorney
DoNotPay can help you with these tasks and much more quickly and easily.