Breaking the Lease
Members of the U.S. military are protected by the Servicemembers Civil Relief Act (SCRA), which plans to secure active military personnel and their families from some financial and legal obligations. The Servicemembers Civil Relief Act (SCRA) covers several cases, like an active member of the military who is renting a property. Under this federal law, landlords are required to allow a tenant to break a lease without penalty if specific circumstances are met.
For instance, if military personnel receive orders of transfer (deploy or induction) more than 35 miles from the property, a discharge, or a loss of life, they can legally break their lease. While honoring a military tenant’s request to break their lease can be inconvenient, by regulation, renters cannot be penalized or their security or other deposits withheld for breaking a lease because of transfers or other service-related circumstances.
Training Absences
Active military members are usually required to participate in training at locations around the country. Contingent upon which branch of the military they are part of and where they have been stationed, these trainings could be as rapid as two weeks or as long as a month or more. If a tenant informs you that they will be away for training, it is important to note that even an extended absence is not grounds for eviction or other legal action. As long as the tenant intends to return to the property and continues to fulfill the lease terms, a landlord must do the same.
Securing the Property
In the event of a lengthy absence, Universal City property managers may have concerns about the security of their rental house. Vacant houses are the prime target of troublemakers, from vandals to break-ins and beyond. You can check on your property regularly to ensure everything is clear if you are nearby. Yet, assume you are not in a position to do so. For that reason, other options may help keep your property secure during your tenant’s absence, from security systems to working with a property management company such as Real Property Management Vision to take care of your property for you.
Collecting Late Rental Payments
Another federal protection the law provides is the requirement to delay eviction proceedings for nonpayment of rent. If your tenant or one of their dependents is using 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 fix the issue. The SCRA does not prohibit a landlord from serving an eviction notice, but it may prevent you from taking action against a servicemember tenant or their dependents.
Delayed Civil Court Actions
At last, the SCRA permits active military members to request a stay on any civil court actions that may be initiated against them. If you have a legal dispute with your military tenant, the law indicates that they may be entitled to delay that action while on active duty. Also, the usual statute of limitations does not apply while a military renter is on active duty. This can greatly affect the expected legal timelines for tenant/landlord disputes, so it’s vital to keep that in mind should any dispute lead to a court filing.
Renting to active military tenants takes both time and an understanding of the law. For many rental property owners who are unfamiliar with the regulation, there are countless strategies to find themselves in legal trouble. However, hiring Real Property Management Vision can help. Our team of Universal City property managers has experience leasing properties to military tenants and fully comprehends all relevant federal, state, and local laws. With our guidance, you can better protect your valuable investment and eliminate legal complications for you and your tenant. Contact us today for more information.
Originally published on Dec 27, 2019