Commentary: How To: deployment lease termination

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27th Special Operations Wing Office of the Staff Judge Advocate

I'm deploying. How do I get out of my lease? The Service Members Civil Relief Act may provide a solution. Congress enacted the SCRA to enable our nation's military members to dedicate their full energy to defending our nation. To do so, Congress placed protections in the law for military members seeking to terminate a lease due to a Permanent Change of Station move or a deployment for 90 days or more.

In order to invoke the protections of the SCRA, a military member must provide written notice of the termination to the landlord and must provide the landlord a copy of his or her military orders. Once this is done, the lease will terminate 30 days after the first date on which the next rental payment is due. For example, if the rent is due on the first of every month and written notice of termination and a copy of the military orders are provided to the landlord on Oct. 10, then the effective date of the termination would be 30 days after Nov. 1, or approximately Dec. 1.

When a tenant terminates a lease under the SCRA, the landlord is prohibited from imposing an early termination fee. The landlord is also prohibited from withholding the tenant's security deposit because of the early termination. If a landlord does not comply with the provisions of the SCRA and withholds the military member's security deposit, personal effects or other property, then the landlord may be subject to a fine, imprisonment, or both. Further, the Attorney General may also pursue enforcement of the SCRA to vindicate the public interest, in which case the landlord may be subject to a fine of $55,000 for the first violation and $110,000 for the second violation.

Even though the SCRA provides strong enforcement mechanisms to protect the rights of military tenants, tenants should be aware of the fact that it is possible to legally waive the protections of the SCRA. In fact, landlords will often draft lease agreements with a clause purporting to waive the military member's rights under the SCRA. For example, a landlord may place a provision in the lease stating that the tenant may terminate the lease with PCS orders but may not terminate the lease with deployment orders. However, many such provisions are invalid, and the tenant should consult with an attorney regarding the lease prior to signing it. As always, the attorneys at the Cannon Legal Center are available and willing to help with such matters. If you are facing a situation where you are attempting to terminate a lease due to an upcoming deployment or have any other questions regarding a lease you want to sign, please call the Cannon Legal Center at 575-784-2211.