Servicemembers Civil Relief Act
PRG Real Estate is committed to following the Servicemembers Civil Relief Act for all military personnel and their dependents. The Servicemembers Civil Relief Act (50 U.S.C 3901 et seq)
, or SCRA, is a federal law designed to ease financial burdens on servicemembers before, during, and after periods of military service. The SCRA enables servicemembers to devote their time and attention to the defense needs of our nation by providing additional protections related to such items as rental agreements, security deposits, prepaid rent, and evictions.
The major SCRA relief provisions that affect PRG and its Residents:
- The acquisition of judgements against military personnel (i.e. evictions/collections).
- Early termination of leases due to military orders received for enlistment, active duty, permanent change of station (PCS) or military orders to deploy in excess of 90 days.
In regard to the acquisition of judgements, PRG uses third parties (such as a law firm) to obtain judgments against any resident including military personnel. PRG is responsible for monitoring the compliance of any SCRA affidavits executed and filed by a third-party.
PRG Policy for Handling Early Termination of Lease by Military Personnel:
PRG allows servicemembers to terminate their leases upon their entry into military service or receipt of 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 90 days or more.
Military orders for a “permanent change of station” include orders for retirement, temporary disability retirement, discharge, resignation, or separation under honorable circumstances, orders releasing a servicemember from active duty or orders transferring a servicemember to the Fleet Reserve or to the Fleet Marine Corps Reserve. It also includes a change in the home port of a ship or mobile unit or change in the permanent duty station of a shore based unit.
A servicemember’s termination of a lease will terminate any obligation a dependent of the servicemember may have under the lease. Under the SCRA, the term “dependent,” includes: (a) the servicemember’s spouse; (b) the servicemember’s child (as defined in section 101(4) of title 38); or (c) an individual for whom the servicemember provided more than one-half of the individual’s support for 180 days immediately preceding the request for termination.
Additionally the spouse of the lessee on a lease described in subsection (b)(1) may terminate the lease during the one-year period beginning on the date of the death of the lessee, if the lessee dies while in military service or while performing full-time National Guard duty, active Guard and Reserve duty, or inactive-duty training.
Please note that if a servicemember terminates his or her lease pursuant to military orders, lessors are prohibited from assessing early termination fees or from withholding security deposits, except in cases of excess wear where reasonable charges may be applied.
PRG requires the following documents from the lessee:
1) Written notice of intent to terminate the lease.
- Effective date of lease termination: 30 days after the first date on which the next rental payment is due (i.e. If the tenant provides notice on 10/15 and rent is due on 11/1, the tenant is responsible for rent until 11/30).
- If the lessee provides a longer notice that is more convenient for them (i.e. decides to move out on 12/5 because it falls on a weekend), a PRG employee must annotate on the written notice that the resident has requested to reside at the unit beyond the required notice. In that case, PRG would pro-rate the December rent.
2) A copy of the military orders or any notification, verification or certification from the tenant’s commanding officer.
Should you have any questions or concerns regarding how SCRA applies to your situation please contact an SCRA Designated Employee at [email protected]
or at 1.866.217.3964