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 3 y ago
Responses: 5
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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The Servicemembers Civil Relief Act, comprising this chapter, was originally enacted as act Oct. 17, 1940, ch. 888, 54 Stat. 1178, known as the Soldiers' and Sailors' Civil Relief Act of 1940, and amended by acts Oct. 6, 1942, ch. 581, 56 Stat.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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Google search:
'Your protection under the SCRA begins on the date you enter active duty and generally ends between 30 and 90 days after the date of discharge from active duty"
"If you have questions about ending a lease early, contact your installation legal services/JAG office. You can also find the closest office with this Armed Forces Legal Services locator."
https://www.militaryonesource.mil/military-life-cycle/deployment/preparing-for-deployment/military-clause-terminate-your-lease-due-to-deployment-or-pcs/#:~:text=Your%20protection%20under%20the%20SCRA,of%20discharge%20from%20active%20duty.
It also depends if there's a military clause in your lease (which you should have looked for before signing the lease).
'Your protection under the SCRA begins on the date you enter active duty and generally ends between 30 and 90 days after the date of discharge from active duty"
"If you have questions about ending a lease early, contact your installation legal services/JAG office. You can also find the closest office with this Armed Forces Legal Services locator."
https://www.militaryonesource.mil/military-life-cycle/deployment/preparing-for-deployment/military-clause-terminate-your-lease-due-to-deployment-or-pcs/#:~:text=Your%20protection%20under%20the%20SCRA,of%20discharge%20from%20active%20duty.
It also depends if there's a military clause in your lease (which you should have looked for before signing the lease).
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