Does Your Lease Contain a Military Clause?
FAQs for Landlords
When renting to members of the Armed Forces, landlords may be asked about adding a military clause to your lease. Here are some FAQs about military clauses:
What is a military clause?
A military clause allows a tenant who is a member of the Armed Forces, who enters military service, or who is called from reserve to active duty, terminate a lease when he or she receives orders to deploy or depart the area, as well as in other situations.
What other situations does a military clause cover?
Orders of transfer, discharge or retirement from the military, release from active duty, temporary assignment out of the geographical area of the rental unit (outside a 40-mile radius), and transfer into base housing. Also, in the unfortunate situation of an Armed Forces member’s death or missing in action situation, the remaining family members could terminate the lease.
What are the requirements under a military clause?
Tenants wishing to terminate a lease under the military clause must give 30 days’ written notice to the landlord. A copy of the orders is also required. Landlords must then terminate the lease agreement as of the effective 30-days later date.
What about spouses or other family members who are on the lease?
The military clause covers non-military family members as well.
Are landlords required by law to include a military clause in a lease?
Not in all states; however, they may still be obligated under federal law to allow a military member tenant to terminate the lease under the above conditions. Check with your lawyer for details.
The contents of this article are intended for general information purposes only, and should not be relied upon as a substitute for obtaining legal advice applicable to your situation.