Active Military Duty and Lease Termination: Your Rights

Military life often involves frequent moves and deployments, which can complicate housing arrangements. Fortunately, active duty service members have special protections when it comes to terminating residential leases. This guide outlines your rights under the Servicemembers Civil Relief Act (SCRA) and provides a step-by-step approach to navigating lease termination. For Texas residents, we’ll also cover specific state laws that may offer additional protections.

Understanding Your Rights Under the SCRA

The SCRA allows active duty military personnel to terminate their residential leases early without penalty under specific circumstances.

Qualifying Situations

You can terminate your lease if:

1. You enter military service during the lease term.
2. You receive orders for a permanent change of station (PCS).
3. You receive deployment orders for 90 days or more.

Notice Requirements

To properly terminate your lease:

1. Provide written notice to your landlord.
2. Include a copy of your military orders or a letter from your commanding officer.
3. The termination becomes effective 30 days after the next rent payment is due, following the delivery of your notice.

Texas-Specific Laws

In addition to federal protections, Texas has its own laws regarding lease termination for military personnel. According to Section 92.017 of the Texas Property Code:

1. The law applies to servicemembers and their dependents.
2. You can terminate your lease if:
   • You enter military service after signing the lease, or
   • You receive orders for a permanent change of station or deployment for 90 days or more while in military service.
3. To terminate, you must provide:
   • Written notice of termination
   • A copy of your military orders or evidence of entering military service
4. Termination is effective:
   • For monthly leases: 30 days after the next rent due date following notice delivery
   • For other leases: On the last day of the month following the month of notice delivery
5. Landlords must refund prepaid rent within 30 days of the termination date.
6. You may be released from liability for unpaid rent if your lease doesn’t include specific language about military termination rights.
7. Landlords violating this law may be liable for damages, penalties, and attorney’s fees.

Steps to Terminate Your Lease

1. Get Your Orders: Ensure you have a copy of your official orders or a letter from your commanding officer.
2. Review Your Lease: While the SCRA and Texas law supersede lease terms, it’s good to understand your specific agreement.
3. Notify Your Landlord: Provide written notice as soon as possible. Include your orders as required by law.
4. Document Everything: Keep copies of all correspondence and proof of delivery of your notice.
5. Prepare for Move-Out: Schedule your final walk-through and arrange for the return of your security deposit and any prepaid rent.

Protections Against Retaliation

Both federal and Texas law prohibit landlords from penalizing service members for exercising their rights. This means:

• No early termination fees
• No negative credit reporting
• No withholding of security deposits (beyond normal wear and tear)
• Potential penalties for landlords who violate these protections

Family Members and SCRA Protection

If you’re deployed or have a PCS, and your family members are on the lease:

• They are also protected under your SCRA rights and Texas law.
• The lease can be terminated on their behalf.

Special Considerations in Texas

1. Waiver of Rights: Your right to terminate cannot be waived, except in specific circumstances involving moves to base housing or other nearby housing.
2. Financial Loss Protection: Even with a waiver, you may still terminate if you experience a significant financial loss (10% or more reduction in household income) due to military service.

Common Challenges and How to Address Them

1. Landlord Unfamiliarity with Laws: Provide them with information about the SCRA and Texas Property Code Section 92.017.
2. Disputed Damages: Document the condition of the property thoroughly before leaving to avoid disputes.
3. Delay in Orders: If you’ve given notice but your orders are delayed, communicate promptly with your landlord.

Resources for Service Members

For expert legal assistance with military lease terminations and other related matters, contact us.

Take Action Now

Don’t navigate the complexities of military lease termination alone. Our experienced team understands both federal and Texas-specific laws designed to protect service members like you. We’re here to ensure your rights are upheld and to guide you through every step of the process.

Call us today to schedule a consultation. Let us help you transition smoothly and protect your legal and financial interests.

Thank you for your service, and we look forward to assisting you!