Lease signed prior to enlistment:
If a lease was signed prior to the tenant’s enlistment in the military, the tenant has the right to terminate it at any time throughout the term. Military personnel who are ordered to a permanent change of station or to deploy with a military unit for a period of not less than 90 days have the right to terminate leases, even if they were signed while on active service.
The landlord must be notified thirty days before the lease expires, and rent must be paid until the lease expires. The inclusion of a military termination clause in the lease is no longer required.
Eviction
As their civilian counterparts — must continue to pay rent if the lease is not terminated. However, the Act does provide some protection from eviction. Only a court can order the eviction of the tenant. (Note: this is the law in many states anyway. A landlord generally cannot exercise self-help by evicting a tenant without first obtaining Court approval.) If the Judge determines that the military service has materially affected the ability to pay, the Court must stay (stop) the eviction for a period of three months, unless the Judge finds that “justice and equity require a longer or shorter period of time.”
There are three basic requirements imposed by the law: the landlord is attempting to evict a person who is in military service; The leased premises are used for residential housing by the spouse, children or other dependents of the military person, and the agreed upon rent does not exceed a specific amount per month. Since this is a complex issue, tenants who are on active military service must consult with the legal assistance attorney assigned to their unit. (Note: the dollar amounts will change over time.)
