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Clarify Service Member's Civil Relief Act (SCRA). Can Service Members who separate or retire terminate a rental lease?

Created by D.K. on June 20, 2014

There is considerable confusion amongst Service Members, Landlords, Property Management Companies, Federal Housing Services Office staff and Legal Assistance as to whether a Service Member can legally terminate a lease without penalty if they are honorably separating or retiring and moving with orders out of the area. If the term PCS in the SCRA Sec. 535 (a), (b) was intended to include Service Members who are honorably separating or retiring, then it is requested that this inclusion is clearly stated in the SCRA. If PCS in the SCRA does not include Service Members who are honorably separating or retiring, then it is requested that this also is clearly stated in the SCRA. Please see Department of Justice official website for case listed (United States Verses Empirian Property Management).

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