Service Members Civil Relief Act and Leases
Does the Service Members Civil Relief Act cover a service member if he / she wants to break a lease due to being offered housing on a military post?
In the lease that I use it has a military clause regarding the circumstances a lease can be broken by the tenant. One of the reasons listed is if the family is offered base housing. However, I see no where in the details of the Service Members Civil Relief Act that lists this as a reason.
Can my tenant break the lease if he gets on post housing if such a circumstance is not covered in the Service Members Civil Relief Act?
Re: Service Members Civil Relief Act and Leases
The Soldiers and Sailors Civil Relief Act's lease termination provision only applies to leases that were entered into before entry into military service.
What if the service member or spouse signs the lease after entering active service; may they terminate the lease under � 534? No. Leases entered after coming on active duty may not be terminated under the SSCRA lease termination provision.
If the lease provides the right to break the lease if offered base housing, then that is contractually binding on you. You can make that agreement if you want. However, nothing mandates that you make that deal with the tenant.
If I were you, I would modify the lease.
Re: Service Members Civil Relief Act and Leases
The Soldiers and Sailors Civil Relief Act's lease termination provision only applies to leases that were entered into before entry into military service.
What if the service member or spouse signs the lease after entering active service; may they terminate the lease under � 534? No. Leases entered after coming on active duty may not be terminated under the SSCRA lease termination provision.
If the lease provides the right to break the lease if offered base housing, then that is contractually binding on you. You can make that agreement if you want. However, nothing mandates that you make that deal with the tenant.
If I were you, I would modify the lease.
