Service members who must deploy unexpectedly or are reassigned suddenly often consider breaking a lease early. However, some legal steps are involved in securing an early release from a lease agreement.
Complying with federal protection, such as the Servicemembers Civil Relief Act (SCRA), means avoiding financial and legal obligations. This article outlines practical ways to deal with an early departure from a rental agreement while safeguarding both parties’ rights.
Terminating a rental lease the right way allows property owners to re-rent quickly and deal kindly with service members who need not worry about their lease responsibilities.
How Does the SCRA Help With Early Lease Termination?
The Servicemembers Civil Relief Act (SCRA) is a federal law that protects active-duty service members against aggravating financial and legal obligations due to changes in circumstances arising from their service.
Among its key provisions is the right to initiate an early termination of the lease agreement if deployment or reassignment occurs. By incorporating a lease early termination clause aligned with SCRA guidelines, landlords and tenants know their roles and responsibilities.
Moreover, an early termination clause in the lease ensures that notice periods, documentation, and other essential terms are established upfront. Once these details are clarified, everyone can immediately fight off any miscommunications and get beyond lease break stipulations.
Referencing SCRA clauses in a well-drafted lease agreement shows that both parties recognize and respect each other, leading to future goodwill.
How To Apply for Early Lease Termination Step-by-Step
1. Provide Written Notice
Begin drafting an early termination notice or lease letter to inform your landlord of your intent. Legibly state the reason for vacating and, in the case of the military to whom your military orders or other pertinent information.
2. Prepare The Supporting Documentation
The only proof of your request you need to give is official proof of active duty status—deployment paperwork or some other document regarding your reassignments. This evidence reinforces the early termination option and helps ensure compliance with laws like the Servicemembers Civil Relief Act (SCRA).
3. Fulfill the Required Notice Period (RNP) Requirements
After you submit your notice, your lease usually ends 30 days after your next rent due date. For instance, if your letter is received on the 10th, you will need to deliver the notice by the first of next month since most leases end 30 days after rent has been due, in this case, the 1st.
In What Cases Is an Early Termination of a Rental Agreement Possible?
A common reason for ending a lease early is active military service—leave with 30 days’ notice and accompanying military orders is enabled by the Servicemembers Civil Relief Act (SCRA). States that keep survivors of domestic violence or related offenses from breaking a lease may also have tenants legally break a lease in such cases (e.g., Nevada, Washington).
Uninhabitable conditions—like structural issues, faulty utilities, or severe environmental hazards—can warrant early termination if the landlord fails to address concerns. This may also be relevant to tenants (i.e., repeated invasions of privacy – for instance, entering without proper notice may provide grounds for moving out).
While mutual agreement from parties, such as job loss or divorce, is what most triggers this arrangement, some states offer further avenues for health reasons and natural disasters.
If landlords breach the terms of the contract (for example, by omitting major repairs) but fail to correct the situation, tenants may legally bail out early. Consulting the lease for any early termination clause is crucial in all scenarios.
Tenants must typically submit a written notice and may face an early termination fee—often the equivalent of one or two months’ rent—unless protected explicitly by law. Furthermore, landlords are generally required to locate a new tenant reasonably and cut financial losses.
What are the Landlord’s Responsibilities?
Landlords must adhere to the SCRA guidelines for the early termination of lease agreements only under specific, legally valid conditions. Adding a lease termination clause for landlords in rental agreements helps define obligations and prevents confusion about notice periods and penalties.
Alternatively, this can state what the landlord needs to do, like try to re-rent the unit in good faith. If there is no early termination clause in the lease, landlords should default to the protections outlined in federal law and any applicable state regulations.
These guidelines show fairness and respectful relationships with military tenants as property owners.
Financial Consequences of Breaking a Lease Agreement
An optional early termination fee may come into play if your situation falls outside federal protections like the Servicemembers Civil Relief Act (SCRA). The typical renter forfeits from half to three-quarters of the cost of the rent they would lose before finding a new tenant, which this fee usually pays for.
A question arises: Will a lease termination go on your record? Properly documenting lease breaks—particularly those breached due to military orders—won’t hurt your credit or rental history.
To avoid an early lease termination penalty, service members should meet SCRA requirements by providing timely written notice and keeping the property clean and damage-free. It also helps ensure you get accurate security deposit returns and a smooth transition.
Do Lease Laws Vary by State?
Yes, depending on your location, the law can be very different. Breaking the lease in Washington State might require particular notice periods or landlord responsibilities, for example, for military tenants.
When departing early from a specific region, always check the specific provisions of the region in question to ensure that you’ve coordinated your early departure in a conflict-free way.
Conclusion
Whether you are going through relocation that requires you to be freed from your lease in Seattle or anywhere else, active duty personnel have important protections under the Servicemembers Civil Relief Act (SCRA).
A structured lease agreement termination process benefits landlords and tenants by reducing conflicts and financial risks. An early termination lease clause clarifies each party’s obligations, ensuring fairness when sudden changes arise.
This ensures everyone’s interests are protected by following SCRA guidelines and state-specific regulations.
William Gall is a seasoned attorney specializing in civil litigation and family law. With a legal career spanning over two decades, William has built a reputation for his meticulous attention to detail and his unwavering commitment to justice. In addition to practicing law, he is a prolific writer, contributing regularly to various legal blogs where he shares his insights on current legal trends, case law, and best practices. His articles are well-regarded in the legal community for their thorough research and practical advice, making complex legal concepts accessible to both legal professionals and the general public.