On Active Duty Lease Termination printable pdf download

On Active Duty Lease Termination

Going on Active Duty? ON ACTIVE DUTY- Lease Termination

Provided by the

Commander, Eighth Coast Guard District (dl)

500 Poydras St, Room 1311

New Orleans, LA 70130

(504) 671-2331 or

Any lease for housing, profession, business, agriculture or similar purposes of a service member

or his/her dependents entered into prior to being called to active duty, or on active duty, can be

terminated if done timely, in writing and furnishing copy of orders (PCS, RELAD, Retire, etc.) or

a command letter.

The lease must have been signed by the member, or their spouse, or on their behalf. Unlike

many provisions of the SCRA, this provision does not require a showing that the service member

is materially affected by military service.

The requirements are that:

(1)

The lease was executed by a servicemember/dependent spouse

(2)

The lease premises have been occupied for such purposes (housing,

professional, business, or agriculture) by the service member or his/her dependent.

(3)

Provide landlord copy of your orders (or command letter).

The lease must be terminated in writing to the landlord or agent at any time following military

service. In the case of leases requiring monthly payments, the termination becomes effective

30 days after the next rental payment is due after landlord gets the letter. Proper timing and

mailing can save you money.

The landlord must refund any prepaid rent or security deposit upon termination, excepting for

damage to the property beyond normal wear and tear and any unpaid rent. Dependent spouses

also have equivalent right of termination of lease they have signed.

The SCRA also provides criminal penalties for landlords who seize any property of a member

who lawfully exercises this provision, in addition to the civil penalties provided by statute.

Lease Review: Legal Assistance will review your lease prior to signing. If you have additional

questions regarding this issue please call the Legal Assistance Branch at above.

On Active Duty Lease Termination