Protecting Your Tenant Rights: Military Release Clause

  • Published
  • By Capt. Michael Thiefels
  • Electronic Systems Center Legal Office
HANSCOM AIR FORCE BASE, Mass. --  Perhaps the most challenging component of active duty military service in New England involves securing a place to live in an economic climate of exorbitant housing and rental costs. For those currently renting a home or apartment, or will soon be renting one, this article may help save money and time.

Often military members sign any document to secure a place to live, feeling rushed into immediate commitments by aggressive landlords. Base attorneys and paralegals may be able to help guide military members through this stressful process and make sense of what is going.

Remember to consider an exit option when looking for a place to live. This may seem counterintuitive, but an obligation to the military precedes all other commitments. Under the law, a military member may terminate his or her lease if they have orders to PCS or deploy for more than 90 days. Securing the inclusion of a military lease clause in a rental agreement expresses legal rights in the lease and is a good idea.

If the landlord will not agree to a military lease clause, assess whether the property in question is worth the risk. Refusing to include this clause may be a strong signal the landlord will try to prevent breaking a lease in the event of PCS or deployment. While it is possible to legally terminate a lease without the clause, a properly drafted clause may help prevent a disagreement, or even a suit, down the road. It is an added protection because it helps the renter and landlord expressly agree to rights under the law.

The legal office staff is available to help advise service members and their dependants. For those who need help with reviewing a lease before signing, deciding what to do about an issue with a landlord or drafting a military clause for a lease, attorneys may be able to help. The legal office also offers an informative pamphlet which answers many commonly asked questions about renting real estate. Call the legal office at (781) 377-2361 or stop by at Building 1305.