DOJ Highlights Lease Protections for Military Servicemembers Transitioning to Civilian Life

The Justice Department released two fact sheets Nov. 10 explaining how servicemembers and their dependents can terminate certain housing, business and vehicle leases early under federal law, including when transitioning out of military service.

The guidance highlights protections under the Servicemembers Civil Relief Act, or SCRA, that can help military families avoid additional rent payments and early termination fees when they receive qualifying orders.

The department emphasized that retirement and separation orders can qualify for lease termination protections. Landlords and vehicle leasing companies may be less familiar with those orders than with permanent change of station orders, according to the announcement.

Military families frequently relocate during service, and some move again when a servicemember retires or separates. The protections are intended to prevent qualifying families from remaining financially responsible for leases they must leave because of military orders.

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The department’s housing and business lease fact sheet explains that servicemembers may qualify after entering active duty, receiving permanent change of station orders, receiving deployment orders for at least 90 days, or receiving retirement or separation orders.

To use the protection, servicemembers must provide written notice and a copy of their military orders or a commanding officer’s letter. The guidance says landlords must allow qualifying leases to end 30 days after the next rent payment is due. Spouses and dependents on the lease with the servicemember are also covered.

Vehicle leases have different eligibility requirements. According to the department’s vehicle lease fact sheet, qualifying circumstances include entering active duty for at least 180 days or receiving deployment orders for at least that long.

Permanent change of station, retirement or separation orders can also qualify, subject to geographic requirements. For someone stationed in the continental United States, those orders must require a move outside the continental United States. For someone in a U.S. state or territory outside the continental United States, the orders must require leaving that state or territory.

Servicemembers must provide written notice and supporting documentation, then return the vehicle within 15 days after giving notice. Qualifying terminations prohibit early termination fees, although certain other charges, including reasonable charges for excess wear and mileage, may still apply.

The fact sheets explain existing legal protections. The announcement does not establish a new benefit or give every veteran an unrestricted right to cancel a lease.

According to the Justice Department, its SCRA enforcement efforts have secured more than $490 million in monetary relief for more than 153,000 servicemembers since 2011.

Servicemembers and families who believe their rights have been violated can seek help through an Armed Forces Legal Assistance office. The department said those ineligible for military legal assistance may request a review by submitting a complaint through its civil rights reporting portal.