Divorce and Separation

Rev XXXX

Renting a home creates legal rights and responsibilities for both the tenant and landlord. Most landlord-tenant law is state or local, so rules concerning deposits, repairs, entry, rent increases, lease termination, and eviction vary by location. Service members who move frequently should not assume that the rules from a previous duty station apply at a new one.

Before signing a lease, verify that the landlord or property manager is authorized to rent the property. Read the entire agreement and identify the lease term, rent, deposits, fees, utilities, parking, occupants, pets, insurance requirements, renewal provisions, notice periods, maintenance responsibilities, and early-termination terms. Verbal promises about repairs, upgrades, or waived fees should be added to the written agreement.

Tenants should document the property’s condition before taking possession. Complete the landlord’s inspection form and take dated photographs or video of walls, floors, appliances, fixtures, meters, and existing damage. Keep copies of the lease, payment records, repair requests, inspection notices, and all communications. These records may become important in a dispute over habitability, property damage, rent, or the security deposit.

Landlords generally must provide housing that satisfies applicable health and safety requirements, but the precise standards and available remedies depend on local law. Tenants should report needed repairs promptly and in writing. Except in an emergency, a tenant should obtain legal advice before withholding rent, deducting repair expenses, abandoning the property, or attempting another self-help remedy. An incorrect response can create grounds for eviction even when the underlying repair complaint is legitimate.

The Servicemembers Civil Relief Act allows qualifying service members to terminate certain residential leases after entering military service or receiving qualifying orders, including some permanent changes of station, deployments, separations, and retirements. Proper written notice and a copy of the orders or other verification are generally required. The termination date depends on how rent is paid and when notice is delivered. A military clause in the lease may provide additional rights, but it cannot reduce rights provided by federal law.

The SCRA also provides protections in certain eviction and default-judgment proceedings. These protections do not eliminate the duty to pay rent or create an automatic right to remain in the property indefinitely. A service member whose military duties materially affect participation in a court case may be able to request a stay, but the request must satisfy statutory requirements.

Eviction is a formal legal process. A tenant who receives a notice to pay, cure, terminate, or appear in court should act immediately. The time to respond may be measured in days. Tenants should not assume that a defective notice can simply be ignored, and landlords generally may not use unlawful self-help measures such as changing locks or shutting off utilities instead of following required procedures.

Military legal assistance can review leases, advise on SCRA termination, explain notices, and help tenants communicate with landlords. Contested eviction proceedings and claims for damages may require a civilian attorney, legal-aid organization, tenant-rights program, or court self-help center.