Military personnel and their family members are covered under the Servicemembers Civil Relief Act (SCRA) in dealing with civilian apartment and home leases. Section 305 provides:
(a) TERMINATION BY LESSEE- The lessee on a [residential] lease … may, at the lessee’s option, terminate the lease at any time after–
(1) the lessee’s entry into military service; or
(2) the date of the lessee’s military orders described in paragraph (1)(B) or (2)(B) of subsection (b), as the case may be.
(b) COVERED LEASES- This section applies to the following leases:
(1) LEASES OF PREMISES- A lease of premises occupied, or intended to be occupied, by a servicemember or a servicemember’s dependents for a residential, professional, business, agricultural, or similar purpose if–
(A) the lease is executed by or on behalf of a person who thereafter and during the term of the lease enters military service; or
(B) the servicemember, while in military service, executes the lease and thereafter receives military orders for a permanent change of station or to deploy with a military unit for a period of not less than 90 days.
(c) MANNER OF TERMINATION-
(1) IN GENERAL- Termination of a lease under subsection (a) is made–
(A) by delivery by the lessee of written notice of such termination, and a copy of the servicemember’s military orders, to the lessor (or the lessor’s grantee), or to the lessor’s agent (or the agent’s grantee)
(2) DELIVERY OF NOTICE- Delivery of notice under paragraph (1)(A) may be accomplished–
(A) by hand delivery;
(B) by private business carrier; or
(C) by placing the written notice in an envelope with sufficient postage and with return receipt requested, and addressed as designated by the lessor (or the lessor’s grantee) or to the lessor’s agent (or the agent’s grantee), and depositing the written notice in the United States mails.
(d) EFFECTIVE DATE OF LEASE TERMINATION-
(1) LEASE OF PREMISES- In the case of a [residential] lease … that provides for monthly payment of rent, termination of the lease under subsection (a) is effective 30 days after the first date on which the next rental payment is due and payable after the date on which the notice under subsection (c) is delivered. In the case of any other [residential] lease …, termination of the lease under subsection (a) is effective on the last day of the month following the month in which the notice is delivered.
(e) ARREARAGES AND OTHER OBLIGATIONS AND LIABILITIES- Rents or lease amounts unpaid for the period preceding the effective date of the lease termination shall be paid on a prorated basis.
(f) RENT PAID IN ADVANCE- Rents or lease amounts paid in advance for a period after the effective date of the termination of the lease shall be refunded to the lessee by the lessor (or the lessor’s assignee or the assignee’s agent) within 30 days of the effective date of the termination of the lease.
(g) RELIEF TO LESSOR- Upon application by the lessor to a court before the termination date provided in the written notice, relief granted by this section to a servicemember may be modified as justice and equity require.
(h) PENALTIES-
(1) MISDEMEANOR- Any person who knowingly seizes, holds, or detains the personal effects, security deposit, or other property of a servicemember or a servicemember’s dependent who lawfully terminates a lease covered by this section, or who knowingly interferes with the removal of such property from premises covered by such lease, for the purpose of subjecting or attempting to subject any of such property to a claim for rent accruing subsequent to the date of termination of such lease, or attempts to do so, shall be fined as provided in title 18, United States Code, or imprisoned for not more than one year, or both.
(2) PRESERVATION OF OTHER REMEDIES- The remedy and rights provided under this section are in addition to and do not preclude any remedy for wrongful conversion otherwise available under law to the person claiming relief under this section, including any award for consequential or punitive damages.
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Also, military family lease tenants can negotiate a “Military Clause,” which is a contractual provision included in the lease that specifically addresses the treatment of the lease, rent, vacating the premises upon orders/deployment, etc.
The Legal Counsel for the US Coast Guard has prepared suggested language that could be used as a possible “Military Clause” to cover a military family lease here: http://uscg.mil/LSC/Alameda/docs/MilitaryClauseLandlordTenant.pdf