Military Clause Agreement

We are not located near a military base-but have a propspect that wants a military clause agreement added to our lease agreement before he will sign the lease.

We are located in pa.

Any suggetions?

Deputy

I assume you're referring to an early termination clause for military personnel who are called up for duty and have to move. If so, he or she is protected regardless of whether or not your lease has such a clause.

Active duty military personnel are protected under the ServicemembersCivil Relief Act (SCRA). Section 535 covers this for apartment leases as well as vehicle leases.

Here's a link to the full law from the DOJ website: Servicemembers Civil Relief Act

Personally, I don't see any problem with adding verbiage for military related lease terminations to your lease because the law is enforceable regardless of what your paperwork says.

Here is the information that the servicemember will get advised on. If your person is not close to a base, does this mean they are with a local recruiting command or some other special duty? Check out below and if you need more specifics let me know!

The Military Clause
With a normal lease, your landlord may be obligated under federal law to let you break your lease, with conditions, if you receive new orders. This is true even if your lease agreement does not have a have a military clause in it. While the law may be considered vague, refer to Section 535 of the Service members Civil Relief Act (SCRA).

Get the Printable
Summary of Landlord - Tenant Issues and Real Estate for Military Members (PDF). Free.
Special thanks to a member of the Navy Legal Offices for this file.

In addition many states have laws which may provide better protection then the Federal Law. Virginia is one example.

Your Base Housing / Legal Assistance Office typically require service members to have leases approved by the local military housing office and to have the landlord sign an acknowledgement regarding military personnel. One of the reasons for this is to ensure that the lease contains an acceptable "military clause."