Q. I have a question. Can I break a lease due to a PCS? I moved back home while my husband is deployed. He gets back in a few months and is stationed in cali. Can I show my landlords a copy of his orders so I can break my lease?
A. First and foremost, the only way you will be able to use Military service as a way to break a lease is the servicemembers name must be on the lease. Now in saying that and assuming his name is on the lease, you have two options; either break it under the Military clause that is within the lease or use the Servicemembers Civil Relief Act.
Most leases have a Military clause, look at your lease and see if this is the case. If it does, follow the steps in your lease under this clause to break it. If your lease does not have this clause, then you should be able to break it under the Servicemembers Civil Relief Act (SCRA).
The SCRA allows a servicemember to terminate a residential lease entered into while in the military if the member receives permanent change of station (PCS) orders, or orders to deploy for a period of not less than 90 days.
To break a lease under the SCRA the servicemember must make the request in writing and must include a copy of their orders (orders placing them on active duty, PCS orders, or deployment orders). This notice may be delivered by hand, by a commercial carrier, or by mail (return receipt requested). The earliest termination date for leases that require monthly rent is 30 days after the first date on which the next payment is due, following proper notification of termination of the lease.
For example, if Sgt. Smith gives notice to his landlord on July 12th the earliest date in which he can terminate a lease is September 1st. For all other leases, termination of the lease is effective on the last day of the month following the month in which the notice is delivered. For example, Sgt Smith gives notice on July 12th, his earliest date a lease can be terminated is August 31st.
For more information on the Servicemembers Civil Relief Act, see this post.
Disclaimer: This post is for informational / educational purposes only. Opinions expressed in this post are not intended to provide specific financial, legal, or medical advice / recommendation. Bridget is not a lawyer, financial advsior, medical professional, therapist, astronomer or palm reader. You use this information in this post and elsewhere on the site at your own risk. This information on this site should not be taken as any type of professional advice. You should always consult a professional for any kind of legal, medical, or financial advice.
I rented my townhouse to a single woman in November, 2011. Her boyfriend lived with her until December. She then dated any man who is in the military and based in San Diego. They decided to marry and did so in February, 2012. She is now breaking my lease to move to San Diego with him and claiming the SCRA. However he was already deployed and living in San Diego when they got married and she was not his dependent then. She is leaving 4/30/12 and it looks like I can’t get anyone to rent (which covers my mortgage) until 6/1/12. The lease states I don’t have to give her back her deposit (1 months rent). She is claiming the SCRA to get her deposit back even though I am loosing money until I get another renter. I don’t have all this extra cash to hand out. I’m living in a ranch due to two hips surgeries and that’s why I rented out the town house. Any thoughts? Thannk you, Carol
She dated and married him (whirlwind romance) 2 months after she signed the lease. He has been stationed where he is since Oct. 2010. She signged the lease Nov. 2011, with another boyfriend living there. He left Jan. 2012. She dated and met current military husband Feb. 2012. So I believe the lease speaks. Thanks for your thoughts. Carol
Thanks Bridget. No he wasn’t on the lease as she wasn’t even dating him yet. She had another boyfriend living there when she signed. Just her name is on the lease. Thanks for your advise.
I did speak briefly to a lawyer and he says the lease speaks and so she will owe if not rented. I was planning on giving her the pet deposit back as it seems she’s kept the place clean. I will tell you I’m not enjoying being a landlord! Carol
Hi Carol,
First off let me say this, I am not a lawyer so this reply should not be considered legal advice in any form and is only my opinion. You should contact a lawyer specializing in SCRA on this situation.
Now for my opinion on the matter. This does not sound like it would be covered under the SPCA. Is the Military members name on the lease? If so, then it’s more then likely covered under the SCRA. If it’s not, then she can not claim SCRA protection as it is there to protect the Military member NOT the spouse.
Her husband sent me a cut of text from the SCRA with added red text saying her situation was applicable. She has already said her JAG lawyer is writing me. It’s odd as I have a friend in the Air Force in San Diego and he contacted his law department there and they agreed with what you said. I’m hoping I haven’t heard from her lawyer because they’ve explained it to her and her husband. I feel bad as I highly support the military…My dad stormed the beaches on DDay…However I am a single parent making it month to month myself.
Then sounds like her name is the only one on the lease, which means from my understanding she cannot claim SCRA (actually HE would have to be the one to do it, not her unless she has a POA).
Here is a link to the entire Act:
http://www.gpo.gov/fdsys/pkg/PLAW-108publ189/pdf/PLAW-108publ189.pdf
You will want to see Title III Section 305. Again the only way she can terminate the lease under the SCRA is if his name is on the lease. If it’s not then you have nothing to worry about. If it is, you could face some serious legal issues for not complying with the SCRA.
Again since I an not a lawyer, it is probably best to ask a licensed attorney that specializes in the SCRA just to protect yourself and so he/she may give you legal advice regarding this issue.
Best of luck to you!
I can imagine! It’s one reason we have decided not to buy a house until he retires. I don’t want to have to deal with renting them out! =)
Sounds like you are in the clear and she is just an un-informed spouse. I would provide her with the link I gave you, so she can see that this lease is not covered under the SCRA. In fact I would tell her to speak with a JAG lawyer if she persists with this issue. They can clear it up for her on how the SCRA works, so maybe she will drop the issue.
If it were me, my response to her would be “great, I cannot wait to get this settled and I am eagerly awaiting the JAG lawyers letter”. Once you get it (if you do) it will have a name and number on it. I’d call that JAG lawyer and ask him/her how it is that a lease that only has the name of the non-military spouse on it is protected under the SCRA. More than likely they didn’t bother to let the JAG lawyer know this (assuming they even saw one at all).
Please don’t feel bad about this. It is them who are trying to pull a fast one and at the same time giving our Military and their spouses a bad name.
Please keep me posted. I am interested in seeing how this turns out.
My husband has be deployed for a year now and soon he will be home in nov. I moved into a apartment at the beginning of his deployment . He has orders to PCS in april and I want to move back home now ( by December) . Can I still use his PSC orders to get out of the lease ?
Hi Destiny,
I am not a lawyer so I cannot give you legal advice so this is just my opinion on the interpretation of the SCRA. As long as his name is on the lease you should be able to break it using SCRA. If only your name is on the lease then you cannot as the SCRA only protects the servicemember, not the spouse. See: https://nuttyhiker.com/servicemembers-civil-relief-act-scra/ and https://www.govinfo.gov/content/pkg/PLAW-108publ189/pdf/PLAW-108publ189.pdf