1. All servicemembers are allowed to terminate residential leases upon their entry into military service or receipt of military orders1 (i) for a permanent change of station2 or (ii) to deploy with a military unit, or as an individual in support of a military operation, for a period of 90 days or more in compliance with 50 U.S.C. § 3955. A servicemember’s termination of a lease shall terminate any obligation a servicemember’s dependent may have under the lease;
2. Terminations are to be accepted upon delivery of written notice of termination and a copy of qualifying military order to JAG Management Company, their employees or agents. Delivery of the written notice and orders may be accomplished by hand delivery, private business carrier, U.S. mail, or electronic means reasonably calculated to ensure actual receipt of the communication by JAG Management Company (including electronic mail, facsimile, text message, or internet portal);
3. Approval of an SCRA early termination request by an otherwise qualified servicemember cannot be denied or rescinded based on the servicemember’s failure to pay outstanding amounts due and owing under the lease;
4. Any residential lease termination should be treated as effective no later than 30 days after the first date on which the next rental payment is due and payable after the date on which the notice was delivered. Any rent amounts that are unpaid for the period preceding the effective date of the lease termination must be, if applicable, prorated. Rents or lease amounts paid in advance for a period after the effective date of the termination of the lease shall be refunded to the lessee at the last known address of the lessee within 30 days of the effective date of termination;
5. A servicemember who terminates their lease based on receipt of qualifying military orders will not be required to pay any early termination charges, which includes the prohibition against requiring the servicemember to repay a rent concession or discount at termination;
6. JAG Management Company shall not initiate or pursue a waiver of any of the lease termination rights provided under 50 U.S.C. § 3955, nor shall it enforce any such waiver that has been previously executed;
1 The term “military orders” in these Policies and Procedures shall include any notification, certification, or verification from the servicemember’s commanding officer, or other document prepared exclusively by a branch of the military of the Department of Defense demonstrating that the lessee is eligible for lease termination under 50 U.S.C. § 3955(b)(1).
2 The term “permanent change of station” shall include separation or retirement from military service. 50 U.S.C. § 3955(i)(3).
For more information, please view this website regarding code 50 U.S.C 3955.
If you have any questions or concerns regarding the Service Members Civil Relief Act, please contact JAG at:
703-639-4590 or SCRAinfo@jagmgt.com.