SCRA assists Airmen

  • Published
  • By Staff Reports
  • 366th Fighter Wing Legal Office
MOUNTAIN HOME AIR FORCE BASE, Idaho --  The Servicemembers Civil Relief Act helps Airmen learn how to terminate their leases early during a permanent change of station or deployment for 90 or more days.
The PCS season is upon us and many people may be wondering if they will be able to terminate your residential lease early due to your pending PCS or deployment. You may in fact be able to do so, thanks to the SCRA.

The SCRA provides benefits for members of the Armed Forces, such as the ability to cap pre-service debt at six percent, the ability to terminate automobile leases under certain circumstances, and also the ability to postpone civil court hearings when military duties materially affect the servicemember's ability to prepare for or appear in court for civil litigation.

Many military members have "military clauses" in their residential leases that provide much of the same protection, however the SCRA provisions are enforceable even if your lease does not have a military clause.

The SCRA has specific requirements in order for you to benefit from these protections. You must provide your landlord with the following documents:

1. Written notice of lease termination
2. A copy of your PCS or deployment orders

This can sometimes be difficult when you receive short notice of your PCS or deployment but have not received your orders. You should do your best to get your orders processed in a timely fashion or to have your commander sign an alternate form which validates the fact that you are being ordered to PCS or deploy. Many landlords will accept an official document signed by your commander in lieu of official orders.

One of the most difficult aspects of this is when servicemembers have to deal with the effects of short notice PCS or deployment taskings. SCRA states that lease termination under these circumstances is not effective until 30 days after the next rental payment is due after the date you provided notice of termination.

Here are some tips to help alleviate or reduce financial hardship as much as possible.

1. Timely notification of lease termination is of the utmost importance!! Don't cost yourself an extra month's rent due to your own procrastination.

2. Know your lease provisions. Read through your entire lease. If you don't understand it, make an appointment to see a legal assistance attorney on base.

3. Keep track of everything. Send your notification of termination via certified mail, return receipt requested when possible. If you deliver it in person, have someone sign for it and/or write down their name or employee number. Never rely on verbal assurances.

4. Retirements/separations are covered as long as you separate or are discharged under honorable conditions. A PCS is not defined in the SCRA, however the Department of Justice and each of the military services currently interpret PCS to include discharge, resignation or separation from the Service under honorable conditions. Therefore, the SCRA protections apply. This interpretation exists because the Joint Federal Travel Regulation includes discharge, resignation or separation from the service under honorable conditions. For the full definition of PCS, see JFTR, Appendix A, page A1-32, part (b)(3)(e).

Unit commanders and unit deployment managers play a crucial role in this process. It's imperative that you assist members in obtaining their official orders as promptly as possible.

When official orders are not available and the PCS or deployment is short notice, provide them with alternative documents. Contact the legal office for suggestions if you do not have an alternative document template available. Many young troops can suffer severe financial hardship due to no fault of their own if they do not receive the proper guidance and support from their units.

If you or one of your Airmen experiences difficulty when dealing with a landlord, don't forget that active duty personnel (and Reservist/Guardsmen on Title 10 orders) are entitled to free legal assistance. Very often a call from a legal assistance attorney may convince a landlord to do the right thing.

For more information or to schedule a legal assistance appointment call (208) 828-2238. Walk-in legal assistance available every Wednesday from 8 to 9:00 a.m. (active duty only) and 2 to 3 p.m. Deploying personnel receive priority. The legal office is located in Building 512 off of Gunfighter Avenue.