As a residential landlord, it’s crucial to understand the legal requirements that apply when a military tenant seeks to terminate a lease early. Florida and federal laws apply. In Florida, Section 83.682 of the Florida Statutes (F.S.) governs this situation, providing certain protections and rights to military tenants. Additionally, the Servicemembers Civil Relief Act (“SCRA”) 50 U.S.C. App. §§501-597b provides for a service member’s right to terminate early as well under that federal statutory scheme. Under both Florida and federal law, the lease agreement cannot waive these statutory rights of the tenants.
Who is Protected
Under F.S. 83.682, “service members” is defined by F.S. 250.01(19) as “any person serving as a member of the United States Armed Forces on active duty or state active duty and all members of the Florida National Guard and United States Reserve Forces”, including:
- Members of the United States Armed Forces (Army, Navy, Air Force, Marine Corps, and Coast Guard).
- Members of the Florida National Guard.
- Members of the United States Reserve Forces.
- Members of the Florida Air National Guard.
Under the SCRA, the following tenants are protected:
Active Duty Service Members:
- Members of the United States Armed Forces, including the Army, Navy, Air Force, Marine Corps, and Coast Guard, who are on active duty.
- Members of the National Guard called to active duty for more than 30 consecutive days under federal orders (Title 10 of the U.S. Code).
- Members of the Public Health Service or the National Oceanic and Atmospheric Administration (NOAA) commissioned corps when they are on active duty.
Reservists:
- Members of the Reserve components of the military (such as the Army Reserve, Navy Reserve, Air Force Reserve, Marine Corps Reserve, and Coast Guard Reserve) who are on active duty orders for more than 30 consecutive days.
Dependents of Service Members:
- In certain situations, dependents of service members (such as spouses, children, or other individuals for whom the service member has provided more than half of their financial support for 180 days preceding the request for relief) may also benefit indirectly from some SCRA protections. However, the core protections related to leasing and rental agreements primarily apply directly to the service members themselves.
Termination Of Lease Agreement
A servicemember tenant may terminate a residential lease early under F.S. 83.682 based on the following reasons:
- Permanent Change of Station (PCS): The servicemember is required, pursuant to a permanent change of station orders, to move 35 miles or more from the location of the rental premises.
- Premature Discharge: The service member is prematurely or involuntarily discharged or released from active duty or state active duty.
- Discharge from Active Duty: The service member is released or discharged from active duty and the rental premises is 35 miles or more from the service member’s home of record before entering active duty or state active duty.
- Release from Active Duty: The service member is released from active duty or state active duty after having leased the rental premises while on active duty or state active duty status and the rental premises is 35 miles or more from the service member’s home of record before entering active duty or state active duty.
- Temporary Change of Station Order: The service member receives temporary duty orders, temporary change of station orders, or state active duty orders to an area 35 miles or more from the location of the rental premises, provided such orders are for a period exceeding 60 days.
- Change of Orders*: The service member has leased the property, but before taking possession of the rental premises, receives a change of orders to an area that is 35 miles or more from the location of the rental premises.
*Note that while F.S. 83.682 imposes a geographical distance of 35 miles in some instances for the tenant to terminate early; the SCRA does not impose that condition on the tenant when he has received military orders for a permanent change of station or deployment for a period of not less than 90 days. If there is a conflict between F.S. 83.682 and the SCRA, the SCRA will prevail.
Under the SCRA, a service member may terminate the lease early if:
- the lease is executed by or on behalf of a person who thereafter and during the term of the lease enters military service;
- the service member, while in military service, executes the lease and thereafter receives military orders for a permanent change of station, or
- the service member, while in military service, executes the lease and thereafter receives military orders 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.
Notice Requirement for Early Termination
For a servicemember to legally terminate a lease early under Florida law and SCRA, the tenant must provide the landlord with:
- Written Notice: written notice of their intent to terminate the lease to the landlord at least 30 days before the intended termination date.
- Supporting Documentation: a copy of their official military orders or a written verification signed by the commanding officer confirming the conditions allowing for termination.
The 30-day notice period begins upon the landlord’s receipt of both the written notice and the documentation of the military orders.
Delivery Method
As Florida law applies, delivery of the notice may be done by any method permitted under Florida law or as by the lease agreement. Common methods include email, hand-delivery, and mail.
Under SCRA, the tenant may deliver notice to the landlord as follows:
- (A) by hand delivery;
- (B) by private business carrier; or
- (C) by placing the written notice in an envelope with sufficient postage and with return receipt requested, and addressed as designated by the lessor (or the lessor’s grantee) or to the lessor’s agent (or the agent’s grantee), and depositing the written notice in the United States mails.
Termination Date
Under F.S. 83.862, upon delivery of proper notice of termination of the lease agreement at least 30 days prior to the termination date, the tenant is liable for the prorated rent due to the effective date of the termination.
For example, suppose the rent is due on the 1st of each month, and the service member delivers 30 days written notice to terminate and the required documentation to the landlord on July 15th. The lease termination will be effective 30 days after July 15—that is August 14. Thus, the tenant would be required to pay prorated rent up to August 14.
Under SCRA, when a service member tenant delivers written notice to the landlord of their intent to terminate the lease, the lease termination is effective 30 days after the next rental payment is due following the delivery of the written notice to the landlord.
Example 1
Suppose rent is due on the 1st of each month, and the service member delivers written notice of termination to the landlord on January 15th. The next rent payment date is February 1st. The lease termination will be effective 30 days after February 1st, which would be March 3rd.
Example 2:
Suppose rent is due on the 1st of each month, and the service member delivers written notice of termination to the landlord on February 2nd. The next rent payment date is now March 1st. The lease termination will be effective 30 days after March 1st, which would be March 31st.
Death of Service Member
Under F.S. 83.682, if a servicemember dies during active duty, an adult member of his or her immediate family may terminate the servicemember’s rental agreement by providing the landlord with a written notice of termination to be effective on the date stated in the notice that is at least 30 days after the landlord’s receipt of the notice.
The notice to the landlord must be accompanied by either a copy of the official military orders showing the servicemember was on active duty or a written verification signed by the service member’s commanding officer and a copy of the service member’s death certificate.
Financial Obligations Upon Lease Termination
Once the lease is terminated with at least 30 days’ written notice, the tenant is not liable for any rent payments beyond the termination date specified in the notice, and any rent paid in advance beyond the lease termination date must be refunded to the tenant. However, the tenant is still responsible for rent that has accrued up to the date of termination.
The landlord cannot:
- Charge a Penalty: You cannot impose any penalty for early termination.
- Refuse to Release the Tenant: You must honor the lease termination once the tenant has provided proper notice and documentation.
- Retaliate Against the Tenant: Retaliation against a tenant for exercising their rights under this statute is strictly prohibited and could result in legal consequences.
Penalties
Landlords face criminal and civil liability for violating certain servicemember rights under SCRA, so landlords need to be highly aware. SCRA §535 states:
“Any person who knowingly seizes, holds, or detains the personal effects, security deposit, or other property of a servicemember or a servicemember’s dependent who lawfully terminates a lease covered by this section, or who knowingly interferes with the removal of such property from premises covered by such lease, for the purpose of subjecting or attempting to subject any of such property to a claim for rent accruing subsequent to the date of termination of such lease, or attempts to do so, shall be fined as provided in title 18, United States Code, or imprisoned for not more than one year, or both.”
Tips for Landlords with Military Tenants Terminating Lease Early
To ensure compliance with Florida and federal law, and maintain a good relationship with military tenants:
- Understand the Law: Familiarize yourself with the specific conditions and requirements set forth in F.S. 83.682 and SCRA.
- Create a Military Clause in Your Lease: Clearly outline the procedures for early termination in your lease agreement, referencing F.S. 83.682 and SCRA
- Verify Documentation Promptly: Review and verify any documentation provided by the tenant promptly to avoid unnecessary delays.
- Stay Informed About Changes in the Law: Laws can change, so it is vital to stay updated on any amendments to F.S. 83.682 or SCRA.
Conclusion
Understanding and complying with F.S. 83.682 and SCRA is essential for any landlord with military tenants. By respecting the rights of service members and adhering to legal requirements, you protect yourself from potential legal disputes and foster a positive relationship with your tenants. If you are unsure about any aspect of this law, consider consulting with a legal professional experienced in landlord-tenant law in Florida to ensure full compliance.