Can a Landlord Verify Military Orders?

The question of whether a landlord can verify military orders is of significant importance to both tenants and property owners, particularly in the context of the Servicemembers Civil Relief Act (SCRA) and the potential legal and ethical implications.

Overview of Military Orders Verification

Yes, a landlord can verify military orders if a tenant is a service member and claims to be on active duty or is moving due to military orders. Typically, this involves providing a copy of the official military orders which detail the service member's duty assignment, deployment, or transfer.

Landlords need to be cautious and respectful when handling such sensitive information related to the tenant's military service. This is a crucial point of respect and consideration, especially given the importance of this information in the context of military personnel.

Legal Protections under SCRA

The Servicemembers Civil Relief Act (SCRA) provides specific protections for military personnel, including the ability to terminate leases without penalty under certain circumstances related to active duty. This legislation ensures that military personnel are not unfairly burdened by their duty to serve their country.

Exceptions: Military Clauses in Lease Agreements

It is important to note that while in most cases a landlord has no right to verify military orders, there is a significant exception in the United States: the inclusion of a Military Clause in the lease agreement.

A Military Clause generally stipulates that the military person may break the lease without penalty if given PCS (Permanent Change of Station) transfer orders or if discharged from service. The landlord has the right to verify this information if requested.

In practice, this type of lease modification is common in areas near US Military bases. Landlords typically understand that when a service member leaves, another will eventually replace them, making them a potential customer. This is a part of doing business in such areas.

Verification Process and Protection Against Scams

When a military member is invoking the military clause to terminate a lease, they must provide proof of a qualifying event that the landlord can verify. The member can provide a copy of the orders, and in some cases, the landlord can call the issuing authority to confirm the authenticity of the orders.

While most landlords near military bases are familiar with military rotations and orders, it is always better to have official documentation on hand to prevent any misunderstandings or potential scams.

A landlord should be cautious and respectful when handling such sensitive information. The member may choose to provide a copy of the orders, but the final decision on whether to believe the order's veracity lies with the landlord. However, in most cases, landlords do not require an actual copy of the orders since they are familiar with military operations and base schedules.

The integrity and trust between the landlord and the military tenant are paramount. Clear communication and mutual understanding can prevent disputes and ensure a smooth transition for all parties involved.