SCRA – BE SURE TO READ THE FINE PRINT
So every landlord is aware of the section of the SCRA (Service members Civil Relief Act) which provides a service member who receives permanent change of station orders or who is deployed to a new location for 90 days or more the right to terminate a housing lease. However most landlords think that the lease must terminate on the day that the service member must report to the new base which is not always accurate. For leases in which rent payments are due on the first of the month, the date the lease is terminated is 30 days from the first full month after the notice is received by the landlord. For example if the tenant provides the written orders to the landlord on June 6th that they must report at a new base on June 30 the tenant is not released from the lease until July 30 so the tenant must pay June and July rent in full. The landlord however can not then collect rent from a new tenant until August 1 so essentially the landlord can’t “double collect” July rent. Additionally, the tenant does not legally have to return possession of the property to the landlord until July 30. Many landlords however do not pursue the full rent but instead hold the tenant responsible for 30 days of rent from when the orders are received which in the above example would be July 6 however it is important to understand that you do have the option to obtain a true full 30 day notice. Lastly, be sure to confirm the orders by using a verification form just to be sure that all information is accurate.