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 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.