When renting to tenants who are members of the U.S. military, there are specific federal laws that change the way a property owner can legally conduct business. Renting to military tenants is unlike renting to other tenants, especially when addressing tenants who break their lease or are periodically absent for training, securing the property, and collecting late rental payments. Being the owner, you should know what the law says and how it may affect the tenant-landlord relationship to avoid violating your tenant’s rights.
Breaking the Lease
The workforce of the U.S. military is liable to the Servicemembers Civil Relief Act (SCRA), which aspires to support active military personnel and their families handle certain financial and legal obligations. The Servicemembers Civil Relief Act (SCRA), includes many situations, in addition to an active member of the military who is renting a home. Liable to this federal law, proprietors are expected to allow a tenant to break a lease without penalty if certain conditions are met.
Among others, in case of military personnel receive orders of transfer (deploy or induction) more than 35 miles from the property, a discharge, or if there is a loss of life, they can legally break their lease. While meeting a military tenant’s demand to break their lease can be a burden, by law renters cannot be penalized or their security or other deposits withheld for breaking a lease due to transfers or other service-related circumstances.
Active members of the military are usually obliged to attend training at locations around the country. Contingent on which branch of the military he or she belongs to and where they have been stationed, this training could be as short as two weeks or as long as a month or more. If a renter informs you that they will be gone for training, it is important to note that even an extended absence is not grounds for eviction or other legal action. Supposing that the tenant intends to return to the property and continues to fulfill the lease terms, a landowner should do the same.
Securing the Property
In the event of an extended absence, property landlords may have concerns regarding the security of their rental house. Vacant houses are likely to enchant numerous sorts of danger, from vandals to break-ins and beyond. If you are close to your property, you can always inspect it habitually to assure that nothing is wrong. But, if you are not able to do so, other opportunities may help keep your property protected while your tenant is unavailable, from security systems to hiring a property management company such as Real Property Management Vision to look after your property.
Collecting Late Rental Payments
Another protection offered by federal law is the precondition to delay eviction proceedings for nonpayment of rent. If your tenant or one of their dependents is utilizing the rental house during their active military service, and the rent is $3,851.03 per month or less, then the court is required to give the tenant at least 90 days to address the situation. The SCRA does not prevent a landlord from serving an eviction notice, but it may prevent you from taking action against a servicemember tenant or their dependents.
Renting to tenants who are active members of the military requires both time and knowledge of the law. For rental property owners unaware of the law, there are lots of ways to get yourself in legal trouble. But recruiting Real Property Management Vision can help you. Our team of Universal City property managers have experience leasing properties to military tenants and have a full understanding of all related federal, state, and local laws. With our supervision, you can better secure your valuable investment and keep yourself and your tenant free from legal complications. Contact us today for more information.
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