Military lease clause addendums typically deal with tenants who are also actively enlisted in any department of defense and/or the armed forces. Such tenants may be subject to deployment in other parts of the country and/or the world, and so may need to move frequently. As a result, a military lease clause addendum allows tenants enlisted in the armed forces to terminate their contract prematurely, although they will be required to provide a notice in writing to their landlord. This must be done in advance (the timeframe is typically stated in the addendum) so that the landlord has sufficient time to find a replacement tenant. If such an addendum is not present in the rental agreement, tenants are likely to find it difficult and/or expensive to break a lease, irrespective of whether they are members of the armed forces or not. As a result, it is highly recommended to include such a clause in the rental agreement, especially for active, on-duty members of the armed forces.
Drafting a Military Lease Clause Addendum
Drafting a military lease clause addendum is a fairly straightforward process. It is a small, yet significant piece of legal documentation that requires the names of the parties contingent to the agreement, their signatures and the date on which the addendum is being added. To help you out, we’ve compiled a sample military lease clause addendum, which can be found below.
MILITARY LEASE CLAUSE ADDENDUM SAMPLE
In the event that the tenant <_____> (tenant(s) name(s)) is, as of the date <_______> (date of addendum) or soon thereafter, is to become an active, on-duty member of the armed forces and is deployed on active duty in another area that is separate from the domicile, the tenant(s) is legally entitled to the termination of the rental agreement between the tenant <______> (tenant(s) name(s)) and <__________> (Landlord name), signed on <_______> (Date of the original rental agreement.) In the case that the tenant receives a PCS (Permanent Changing of Station), retires, decides to separate from the military, is deployed into military housing units and/or receives deployment orders, the tenant(s) is legally entitled to the termination of the rental agreement signed on <_______> (Date of the original rental agreement.) In such circumstances, the tenant is required to provide a written statement to the landlord, notifying the landlord of the reasons for terminating the rental agreement. Additionally, the tenant must submit copies of their deployment orders or the relevant documents in the case of PCS. These documents must show proof that the circumstances warrant termination of the contract under the military lease clause addendum.
Tenant Name <________> Date <______>
Tenant Signature <_________>
Landlord Name <___________> Date <_________>
Landlord Signature <_________>
Frequently Asked Questions
Yes, but only under certain circumstances. If you are actively on-duty and are ordered to relocate by the military, you are legally entitled to ending the rental agreement with written notice in advance. This is only possible if there is a military lease clause addendum laden in the original rental agreement.
While this timeframe is negotiated between tenant(s) and landlords, the general convention dictates that a notice must be provided no later than 30 days before the tenant intends to move out.
Typically, a military lease clause also obligates the tenant to provide documentation that warrants termination of the lease prematurely. This includes things like deployment letters, PCS letters, and/or proof that the tenant is moving due to circumstances that pertain to the armed forces.
In some localities, yes. Although these aren’t particularly common, some landlords target a niche market and choose to rent to only active-duty servicemen or servicewomen.
