Updated on April 5th, 2023
A military lease addendum adds a clause to a lease agreement that allows a tenant serving in the military to terminate the arrangement with short notice. With this addendum, the tenant can break their lease early without losing their security deposit if they are given official orders to relocate or are called to duty. Landlords are not required to include this clause, but it can be found in most leases for properties near military bases.
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MILITARY LEASE ADDENDUM
1. THE PARTIES. This Military Lease Addendum (“Addendum”), made effective as of [MM/DD/YYYY], is by and between:
Landlord: [LANDLORD’S NAME] (“Landlord”) and
Tenant: [TENANT’S NAME] (“Tenant”).
The Landlord and Tenant are each referred to herein as a “Party” and, collectively, as the “Parties.”
2. ORIGINAL LEASE. This Addendum is being added to the lease agreement between the Parties, dated [MM/DD/YYYY] (“Original Lease”), for the property located at [RENTAL PROPERTY ADDRESS].
3. TERMS. IN THE EVENT the Tenant is, or hereafter becomes, a member of the United States Armed Forces on extended active duty and hereafter the Tenant receives permanent change of station (PCS) orders to depart from the area where the property is located, or is relieved from active duty, retires or separates from the military, is ordered into military housing, or receives deployment orders, then in any of these events, the Tenant may terminate the Original Lease upon giving thirty (30) days written notice to the Landlord. The Tenant shall also provide to the Landlord a copy of the official orders or a letter signed by the Tenant’s commanding officer, reflecting the change which warrants termination under this Addendum. The Tenant will pay prorated rent for any days that they occupy the dwelling past the beginning of the rental period. The damage/security deposit will be promptly returned to Tenant, provided there are no damages to the property.
Except as specifically mentioned in this Addendum, all other terms and conditions of the Original Lease shall remain in full force and effect.
Landlord’s Signature: ___________________ Date: [MM/DD/YYYY]
Print Name: [LANDLORD’S NAME]
Tenant’s Signature: ___________________ Date: [MM/DD/YYYY]
Print Name: [TENANT’S NAME]
Breaking a Lease with Military Orders
Under the Servicemember Civil Relief Act (SCRA), military personnel are permitted to break a lease upon receiving orders for deployment (of at least 90 days) or a permanent change of station, or a stop movement order (of at least 30 days). A military clause lease, however, enables service members to end the agreement abruptly even if the situation is not covered by the SCRA.
With a signed military addendum, landlords must return the tenant’s security deposit unless the property is not returned in proper condition. Tenants may break a lease under a military lease addendum by providing the following:
- A copy of official military orders
- A written notice of intent to vacate (minimum 30 days’ notice)
- Payment of rent for the remaining days of occupancy on a prorated basis
Some state statutes contain laws governing early lease termination by a military member, which will override the provisions in a military lease addendum.