Navigating SCRA & Florida Law Conflicts
Landlords in Florida who rent to military servicemembers must navigate the intersection of federal law, specifically the Servicemembers Civil Relief Act (SCRA), and state law, notably Florida Statute §83.682. Understanding the nuances between these two laws can protect landlords from costly misunderstandings and ensure compliance with the law, especially when military tenants terminate leases due to permanent change of station (PCS) orders or deployment.
How the SCRA Governs Military Lease Terminations
The SCRA (50 U.S.C. §3955) provides servicemembers with specific rights to terminate residential leases without facing significant financial penalties. Section (b)(1)(B), in part, defines “covered leases” as follows:
the servicemember, while in military service, executes the lease and thereafter receives military orders for a permanent change of station or to deploy with a military unit, or as an individual in support of a military operation, for a period of not less than 90 days; or
Under this federal law, once a servicemember provides notice of termination due to military orders, the lease is terminated 30 days after the first date on which the next rental payment is due. Section (d)(1)(A) states (emphasis added),
In the case of a lease described in subparagraph (A) or (B) of subsection (b)(1) that provides for monthly payment of rent, termination of the lease under subsection (a) is effective 30 days after the first date on which the next rental payment is due and payable after the date on which the notice under subsection (c) is delivered. In the case of any other lease described in subparagraphs (A) and (B) of subsection (b)(1) termination of the lease under subsection (a) is effective on the last day of the month following the month in which the notice is delivered.
Practically, this means that if a tenant delivers notice mid-month and rent is due on the first of the following month, the termination takes effect 30 days after that date.
For example, consider a servicemember who receives transfer orders and provides written notice to terminate their lease on March 20. If their rent is due on April 1, the federal law mandates that the lease will officially terminate on May 1, exactly 30 days following the next rental payment due date after the notice, and the tenant owes rent for all of April.
At first glance, a landlord might interpret this scenario to mean the tenant owes the entire month’s rent for April, which aligns with federal law. However, the interaction with Florida law significantly alters this outcome.
Florida’s Stricter Protections for Servicemembers
Florida Statute §83.682 offers stronger protections to military tenants. See e.g. Traylor v. State, 596 So. 2d 957, 961 (Fla. 1992) (explaining that states, when construing their own state constitutions, may place more rigorous restraints on government intrusions than the federal Constitution imposes); Donato v. American Telephone And Telegraph Co., 25 Fla. L. Weekly S44a (Fla. 2000) (finding that Florida law provided greater protection than federal law). Specifically, subsection (4) states that upon termination due to military orders, a tenant’s rent responsibility is strictly limited to the amount prorated up to the lease termination date. It states,
Upon termination of a rental agreement under this section, the tenant is liable for the rent due under the rental agreement prorated to the effective date of the termination payable at such time as would have otherwise been required by the terms of the rental agreement
Key Differences: SCRA vs. Florida Law
This means landlords cannot legally require tenants to pay the full month’s rent if the lease terminates on the first day of the month. Instead, they may only charge for the days the tenant actually possesses the premises.
Practical Examples: Calculating Prorated Rent
For example, consider a servicemember who receives transfer orders and provides written notice to the landlord on April 1 to terminate their lease on May 1. Under Florida law, the servicemember whose lease ends on May 1 is only liable for rent covering the day of May 1 itself—not the entire month of May because Florida law limits the landlord to prorated rent until the date of termination. If the landlord mistakenly assumes the servicemember owes the entire month of May’s rent, the landlord would inadvertently violate Florida law.
Why Florida’s Law Prevails Over Federal Standards
The confusion often arises because the federal statute sets a baseline level of protection, meaning states are free to enact stricter laws to further protect servicemembers. When this occurs, the stricter state law prevails. Consequently, Florida landlords must adhere strictly to state statutes, as they override the federal minimum standards in cases where they provide greater protections to tenants.
This distinction is crucial. Misinterpretation by landlords can lead to disputes, unnecessary legal fees, and even potential penalties if tenants pursue legal remedies due to improper rent demands. Moreover, landlords who inadvertently violate these tenant protections risk reputational damage, affecting future leasing opportunities to military personnel and their families.
Compliance Tips for Florida Landlords
To avoid these complications, landlords should become familiar with the precise language of Florida Statute §83.682(4) and carefully document termination notices and rental proration calculations. Landlords can safeguard their interests by clearly communicating their understanding of these protections to military tenants upon initial lease signing. Transparent, well-informed communication ensures both landlord and tenant expectations align with state and federal laws.
Additionally, landlords should review lease agreements and ensure they explicitly acknowledge compliance with both federal and state protections for military tenants. Including clear language in leases about the prorated rent requirements under Florida law can prevent misunderstandings and disputes if a military tenant exercises their rights under the SCRA.
Best Practices for Military Tenancies
In summary, the critical interaction between the SCRA and Florida Statute §83.682 means that landlords must always default to Florida’s higher standard of tenant protection. Military tenants terminating leases due to transfer or deployment orders must only be charged rent prorated to the actual date of lease termination. Landlords unaware of this nuanced interaction risk violating tenants’ rights and potentially incurring legal and financial consequences. Educating oneself on these laws and clearly communicating them to tenants are essential steps to maintaining compliance and cultivating respectful, legally sound landlord-tenant relationships.