Posted on Sep 13, 2021
How old can your ETS/Retirement orders be before you can no longer invoke your rights covered under the Servicemember Civil Relief Act?
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If a servicemember ETS’s/Retires/Separates from the service and have an active lease agreement at an apartment complex, how old can their orders be before they can no longer break their lease under SCRA? SM’s ETS orders are 6 months and 12 months old.
Posted 4 y ago
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Unfortunately, the Servicemember Civil Relief Act does not cover former servicemembers.
That said, the landlord would probably still accept an ETS or retirement order with the understanding that the person needs to move back to their home state, and if they don;t work something out, the landlord could be looking at an abandoned rental anyway.
That said, the landlord would probably still accept an ETS or retirement order with the understanding that the person needs to move back to their home state, and if they don;t work something out, the landlord could be looking at an abandoned rental anyway.
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Section 3955 of the SCRA, 50 U.S.C. § 3955, addresses the topic of lease terminations.
https://uscode.house.gov/view.xhtml?path=/prelim@title50/chapter50&edition=prelim
It only covers while in service, addressing PCS and TCS.
https://uscode.house.gov/view.xhtml?path=/prelim@title50/chapter50&edition=prelim
It only covers while in service, addressing PCS and TCS.
The Servicemembers Civil Relief Act, comprising this chapter, was originally enacted as act Oct. 17, 1940, ch. 888, 54 Stat. 1178, known as the Soldiers' and Sailors' Civil Relief Act of 1940, and amended by acts Oct. 6, 1942, ch. 581, 56 Stat. 769; July 3, 1944, ch. 397, 58 Stat. 722; Apr. 3, 1948, ch. 170, 62 Stat. 160; June 23, 1952, ch. 450, 66 Stat. 151; July 11, 1956, ch. 570, 70 Stat. 528; Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1105;...
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SGT(P) Abner Lozano
I saw a lot of stuff of mentioning “only covers while in service” regarding PCS. However, ETS is mentioned as an extension of a PCS.
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Usually when a soldier leaves the military, their orders include transportation of household goods to the location where they are going to be living as a civilian. From what I have understood, it does not need to be at your current location.
Q: What if I need to break my apartment lease because of my military service?
A: While in military service you may terminate, without penalty, residential and business leases that
you entered into prior to joining the military. You may also terminate residential and business leases
entered into while in military service if you receive orders to deploy for a period of at least 90 days,
or orders for a permanent change of station. To find detailed information about how to invoke your
rights under SCRA, contact your nearest Armed Forces Legal Assistance Program office. You can
find the nearest location at http://legalassistance.law.af.mil/content/locator.php.
Q: What if I need to break my apartment lease because of my military service?
A: While in military service you may terminate, without penalty, residential and business leases that
you entered into prior to joining the military. You may also terminate residential and business leases
entered into while in military service if you receive orders to deploy for a period of at least 90 days,
or orders for a permanent change of station. To find detailed information about how to invoke your
rights under SCRA, contact your nearest Armed Forces Legal Assistance Program office. You can
find the nearest location at http://legalassistance.law.af.mil/content/locator.php.
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