As a landlord, renting to a military service member can bring unique responsibilities and legal obligations. Under Florida Statute § 83.682, a landlord must allow active-duty military members to terminate their lease early under certain conditions related to their service under the federal law, Servicemembers Civil Relief Act and F.S. 83.682. To uphold the lease terms accurately and protect both parties, landlords should verify the military status of applicants and confirm any military orders of their tenants through trusted resources like the Department of Defense’s Servicemembers Civil Relief Act (SCRA) website and calling the unit listed on the order given by the tenant.
Importance of Verifying Military Status of Applicants
- Ensuring Compliance with the Servicemembers Civil Relief Act (SCRA) and F.S. 83.682
- The SCRA and F.S. 83.682 provide various protections for active-duty service members, including lease termination rights and protections against eviction. By verifying the military status of rental applicants, landlords can anticipate potential protections that apply to their tenants under the SCRA. Using the Department of Defense’s official SCRA website, https://scra.dmdc.osd.mil/, landlords can confirm whether an applicant is currently serving in the military, ensuring they remain compliant with the federal and state laws designed to support service members.
- Understanding Lease Termination Rights
- One significant aspect of the SCRA and F.S. 83.682 is the right for service members to terminate residential leases early when they receive qualifying military orders. For instance, if a service member receives orders to move to another location due to a change of station or is deployed for an extended period, they are entitled to terminate their lease without penalties. By verifying military status at the application stage, landlords are better prepared to handle such situations, making it clear from the beginning that early lease termination may be a possibility due to military obligations.
- Building a Trust-Based Relationship
- Verifying an applicant’s military status is also beneficial for creating transparency between landlord and tenant. If a tenant is actively serving, discussing the unique conditions of their lease and the potential for changes based on orders can build trust and a smoother landlord-tenant relationship. Both parties can establish mutual understanding upfront, which helps in fostering a respectful and supportive rental environment.
Importance of Verifying Military Orders for Tenants
Once a service member tenant notifies a landlord of military orders requiring relocation or deployment, F.S. 83.682 grants specific rights for terminating the lease. To uphold the legal terms under this statute, it is crucial for landlords to verify the orders.
- Preventing Misunderstandings and Protecting Both Parties’ Interests
- Verification of military orders helps protect the interests of both the landlord and tenant. The tenant is required to provide the landlord with a copy of the order that qualifies the tenant to terminate the lease early. By receiving a copy of the official orders, the landlord can accurately determine the tenant’s eligibility for early lease termination and avoid any misunderstandings about the tenant’s rights. This can prevent potential disputes and ensure that the lease termination is handled smoothly and in compliance with Florida law.
- Confirming Eligibility for Lease Termination
- F.S. 83.682 specifies that the service member tenant must provide written 30 days’ notice of termination and a copy of the military orders. For instance, a landlord may need to confirm that the orders indeed entail a permanent change of station or deployment of more than 90 days to meet the criteria under the statute. By validating the documentation provided with the unit information on the order, the landlord can confidently proceed with the lease termination process without concern for non-compliance or misinterpretation.
- Protecting Against Fraudulent Claims
- While rare, there have been instances of military individuals falsely claiming military status or presenting false documents to terminate a lease without penalty. By using trusted resources like the SCRA verification website, reviewing official copies of military orders, and contacting the unit information on the order, landlords can safeguard themselves against potential fraud. This verification process ensures that only genuinely eligible service members receive the benefits intended to support their unique situations.
How to Verify Military Status and Orders
The Department of Defense’s official SCRA website, https://scra.dmdc.osd.mil/, provides a reliable resource for landlords to verify active-duty status. With a service member’s full name, date of birth, and social security number, landlords can confirm the applicant’s military status quickly and securely. For verifying military orders, landlords may contact the unit information on the order provided by the tenant to confirm the tenant qualifies under the criteria established by Florida law.
Renting to Service Members
Verifying military status and orders is a critical step for landlords renting to service members, ensuring compliance with both federal and state laws while supporting the tenant’s rights. By utilizing trusted resources and verifying military documentation, landlords can protect their interests, avoid potential disputes, and foster a respectful relationship with military tenants. This proactive approach not only reinforces the landlord’s commitment to the legal process but also contributes to a positive and fair renting experience for both parties.
Property Management Law Solutions, LLC is a Florida law firm that specializes in landlord-tenant law and is a landlord-only law firm. We provide statewide services including evictions, consultation plans, education and training, membership plans, lease agreement plans and more. If you are a landlord or property manager, contact us today or subscribe to one of our online membership plans.