Among the list of chores you need to complete when going through a Permanent Change of Station (PCS), offering your landlord notice of your move-out date may feel like a minor detail. While this may not be the first item on your checklist, it’s important not to forget! After all, not delivering sufficient notice to your landlord could result in financial and legal implications.
The last three months or so before a PCS are a classic example of the military’s “hurry up and wait” approach. That is, military renters PCSing often find themselves stuck waiting to have orders in hand so they can schedule canceling utilities, finalize the move date, and let their landlord know precisely when they move out.
Military families often face the complication of not knowing exactly when they will vacate their homes until the last minute. Therefore, keeping your landlord in the loop as much as possible is essential. Failure to provide adequate notice, based on your lease and local laws, could result in the loss of your deposit and additional expenses.
Make your move a smooth transition by familiarizing yourself with how to give your landlord notice before you PCS.
Using the SCRA Lease Termination Clause
From the moment you move into a new rental, you should plan for your next PCS move. For example, you should put aside extra savings in case you need to cover the last full month’s rent and learn all about your SCRA lease termination benefit.
According to the Servicemembers Civil Relief Act (SCRA) lease clause, you must provide proof that you signed your lease before you entered active duty to get out of a lease without penalty. You also must show that you will remain on active duty for at least 90 more days and are moving 50-100+ miles away from your current installation.
Furthermore, you must deliver a written notice of your intent to break the lease and a copy of your military orders to your landlord at least 30 days before your expected move date to give the landlord sufficient notice and align with SCRA expectations.
It’s crucial to note that these standards are just general guidelines and not set in stone. You should check in with your current installation’s housing office to receive personalized guidance based on your unique situation and timeframe.
What Type of PCS Move Are You Conducting?
After informing your landlord of your lease termination, weigh your PCS moving options. Depending on your specific situation, a traditional HHG move may be the easiest. However, other potentially cost-saving options, like a Do It Yourself (DITY) or partial DITY move, may better suit your move.
How to Give Notice to Your Landlord
Fortunately, military renters are given special moving rights — especially since they are often asked to move mid-lease. When service members follow the proper procedures, the SCRA lease termination law prevents landlords from holding service members financially accountable for their remaining rental term.
While the military set these regulations in stone to protect military members, the military was careful not to put landlords in a bind. As such, it is highly recommended to give your landlord as much notice as possible before you move.
Use the following steps as a guide to ensure you diligently and respectfully give your landlord notice and break your lease.
Step 1: Review Your Original Lease
It’s probably been a while since you really looked over your lease! Check your lease agreement for any specified terms regarding informing your landlord that you will be moving. If your landlord knows you are an active-duty military member, they likely have already written in the lease that you need to give them at least a 30-day notice.
If they feature any lease termination rules that don’t align with SCRA, that’s okay! They just may not have been aware of your profession when they provided the lease agreement. Or, they might just need to be kindly educated about the laws related to military renters terminating leases.
If you ever encounter a landlord who isn’t complying with SCRA regulations, let your installation’s housing office know as soon as possible. They can guide you through navigating the appropriate next steps.
Step 2: Put It In Writing
If you have an idea of your general moving timeline, give your property manager or landlord a heads-up that you expect to leave soon. Even if you don’t know the exact move-out date yet, it is always courteous to let them know what to expect in the near future.
Once you know exactly when your new installation expects you to report for duty, you can set a firm move-out day with your landlord. At this time, you should also put your notice in writing, preferably in a typed format, to eliminate any potential questions arising from handwritten content.
Keep the letter professional, friendly, and straightforward. Don’t forget to include your military PCS orders to prove your right to an early lease termination!
Step 3: Obtain Proof of Notice
Before you send your letter, double-check your lease for specific requirements regarding notice and which address to send this information. Then, mail the letter using certified mail with the required return receipt.
This way, your landlord must sign to receive the delivered letter. The last thing you want is for them to say you didn’t give appropriate notice. Most landlords are wonderful and flexible, but you want to always cover your bases and protect yourself from false accusations.
Step 4: Keep Your Records
Even after you PCS, keep a file with your important family documents, including a copy of your lease, your notice to end the lease, the certified mail return receipt, and a copy of your move-out inspection. These measures ensure you are prepared if your lease termination timeframe is questioned.
More Like This: Make your move a success by reviewing our article, What is Your PCS Weight Allowance? PCS Packing Guide and Tips!
SCRA Lease Termination Letter Example
Not sure about where to start with your notice of SCRA lease termination letter? We’re here to help! Feel free to use this military lease termination letter template to help you get started. You can simply fill in your information where indicated or use this example as a guide when writing your own letter.
[Your Name]
[Your Current Address]
[City, State ZIP Code]
[Date]
[Landlord’s/Business Name]
[Landlord’s Address]
[City, State ZIP Code]
Subject: Notice of Lease Termination
Dear [Your Landlord’s Name/ Name of Property Management Company],
First and foremost, I want to express that renting from you has been a great experience. As a military member, I have been ordered to move to a new installation.
This is an official written notification that I will be vacating my residence effective [MM/DD/YYYY] at the following address:
[Rental Street Number
Rental City, State ZIP Code]
This memo satisfies the required notice of 30 days, stipulated in my original rental agreement and in accordance with the Servicemembers Civil Relief Act (SCRA). I will deliver all keys for the property to your office on or before the date indicated above.
I am available to perform a move-out inspection from [Include Preferred Dates]. You can expect your property to be cleaned and left in pristine condition. Any refundable deposits owed and follow-up correspondence can be sent to:
[Your Name
Your New Address
City, State ZIP Code]
I have included a copy of my official military orders for your records. Please feel free to contact me by phone if you have any questions at [Your Phone Number].
Sincerely,
[Your Typed Name]
Additional Tip: Don’t forget to sign your letter with your authentic wet signature underneath your typed name! By doing this, you’ll solidify your intent to terminate the lease.
More Like This: Learn more about what a landlord can charge for when you move out.
SCRA Car Lease Termination
SCRA also grants active-duty military members the ability to terminate car leases under similar PCS circumstances.
To qualify for car lease termination under the SCRA, the service member must have entered the lease prior to active duty or received PCS orders or deployment orders lasting 180 days or more. To initiate termination, you must provide the leasing company with a written notice of termination and a copy of your military orders.
The written notice should be hand-delivered, sent via certified mail with a return receipt requested, or delivered through a private business carrier to ensure proper documentation. Once delivered, you must return the vehicle within 15 days. As long as all SCRA requirements are met, your lease will officially terminate on the date you return the vehicle.
For more information, reach out to your local installation’s legal office for personalized assistance.
Learn More About PCSing, Renting, or Buying a Home
Are you preparing for a big PCS move? Don’t go into it blind! Here at AHRN, we are committed to helping military members discover ideal military housing. Review these guides to get a big head start on your upcoming move!