Wednesday, September 14, 2011

Military housing clause and breaking a lease?

My husband is in the Navy and we are getting ready to move to San Diego where he is stationed on the USS Nimitz and apparently the carrier will be undergoing a home port change at the end of the year.. We are looking for an apartment now but are unsure of how long to get the lease for and what my husband and I have learned is that the Navy's time line tends to be a guesstimate so we don't really know how many months to lease an apartment for.. Now I know that there is a military housing clause but does it have to be written in the lease? Do you have to pay the fees in order to break the lease if you use the military housing clause? Thanks for your help!Military housing clause and breaking a lease?
The military clause no longer has to be written into the lease in order for it to apply. One important factor to consider is that your husband must specifically be on the lease. If you are the only signer, you are not eligible for the provisions of the SCRA. I just wrote an article about this subject: http://paycheck-chronicles.military.com/…



Good luck to you!Military housing clause and breaking a lease?
yes the military clause must be written in.



with a homeport change that would qualify you to break the lease with 30 days notice without penalty.. as Long as that clause is in there.Military housing clause and breaking a lease?
Under the Soldiers and Sailors Civil Relief Act, a lease can be broken when you receive PCS orders. A military clause is helpful, but not required.



Quoting: %26quot;The Servicemembers’ Civil Relief Act (SCRA), formerly known as the Soldiers’ and Sailors’ Civil Relief Act, is federal law. Although the SCRA provides some protection, it is always smart to include a military clause within your rental agreement.



A “military clause” is a provision in a rental contract that allows a Soldier to break a residential lease because of a number of service-related situations. A military clause provides more protection than the SCRA.



The SCRA allows termination of leases in only some circumstances. Specifically, the SCRA allows for termination of a lease: upon entry into military service; when a Soldier receives military orders for a change of permanent station (PCS orders); or when a Soldier receives military orders to deploy in support of a military operation for 90 or more days. The SCRA also allows a Soldier’s spouse who has entered a joint lease with the Soldier to terminate the lease under these conditions.%26quot;
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