As a City with a Naval base here in Newport we have a lot of Military renters coming for school or general employment and part of entering in to an agreement with active service members is understanding their orders may change. The clause in our leases reads:
MILITARY CLAUSE: In the event the Tenant is a member of the United States Armed Forces on extended active duty and hereafter receives permanent change of station orders, to depart from the area where the Premises are located, or is relieved from active duty, then in any of these events, such party may either terminate this lease upon giving THIRTY (30) DAYS written notice to the Landlord, and shall have attached a copy of official orders or a letter signed by the party’s commanding officer, reflecting the change which warrants termination under this clause.
Now what does this mean?
If your tenant is called for military or active duty, the Servicemembers Civil Relief Act allows those in the armed forces, National Guard, the National Oceanic and Atmospheric Administration (NOAA), and the U.S. Public Health Service the right to break their leases to start active duty. However, the tenant must first give you a 30-day notice, which is effective 30 days after the date the following rent payment is due. Meaning, a soldier could give you notice on July 17, but would still be responsible for paying August’s rent. After 8/31, though, they’re free to go.