Lease says no subletting but I’m being deployed military

I'm active duty Army stationed at Fort Liberty. I just got orders for a 9-month deployment to Europe. My apartment lease doesn't expire for another 14 months and has a strict "no subletting" clause. The early termination fee in the lease is 3 months' rent, which would be $5,400.

I don't want to pay rent on an empty apartment for 9 months, I can't afford the early termination fee, and I can't sublet. Am I just stuck? A buddy told me there's some kind of military protection but I don't know the details.

Your buddy is right. The Servicemembers Civil Relief Act (SCRA), 50 U.S.C. §§ 3901-4043, provides broad protections for active duty service members, including the right to terminate a residential lease early.

Under 50 U.S.C. § 3955, a service member may terminate a residential lease if:

• The lease was signed before entering active duty, or
• The service member received military orders for a PCS (permanent change of station) or deployment of at least 90 days

Your 9-month deployment clearly qualifies. To exercise this right:

1. Deliver written notice of your intent to terminate the lease to the landlord
2. Include a copy of your deployment orders (or a letter from your commanding officer)
3. The lease terminates 30 days after the next rent payment date following delivery of notice

For example, if you deliver notice on March 1 and your rent is due on the 1st of each month, the lease would terminate on April 1. You'd owe rent through the termination date only.

The landlord cannot charge you an early termination fee, and any lease provision that attempts to waive your SCRA rights is void as a matter of federal law. This preempts any contrary lease terms.

That's incredible. So the $5,400 early termination fee is completely unenforceable? Even though I signed the lease knowing it was there?

Also, do I need to hire a lawyer for this or can I just send the notice myself?

Correct. The SCRA is a federal statute that preempts any conflicting lease terms. Under § 3918, any provision in a contract that attempts to waive SCRA protections is unenforceable. It doesn't matter that you signed the lease knowing the fee was there. Congress determined that service members should not be penalized for fulfilling their military obligations.

You do not need a lawyer for this. The process is straightforward:

• Write a simple letter stating you are terminating the lease pursuant to 50 U.S.C. § 3955 due to deployment orders
• Attach a copy of your orders
• Deliver it by hand, private business carrier (FedEx/UPS), or certified mail with return receipt

That said, your installation's Legal Assistance Office (JAG) can help you draft the notice for free. They handle these every day. I'd recommend stopping by — it takes about 15 minutes and gives you an extra layer of documentation.

We've used the SCRA twice for lease terminations during PCS moves. Both times, the landlord initially pushed back and tried to charge fees. Both times, a letter from JAG ended the conversation immediately.

One tip: make sure you get your security deposit back too. Some landlords try to use the early termination as an excuse to keep it. They can't. Standard deposit rules still apply — they can only deduct for actual damages, not for lost rent or the fact that you left early.

Also, don't let them try to charge you for the remaining lease term as "damages." I've seen that too. It's completely illegal under the SCRA.

Jackie, thank you. I'm going to stop by JAG on Monday to get the letter done. My landlord seems reasonable so I'm hoping this goes smoothly, but it's good to know the law is firmly on my side if he pushes back.

Quick question about timing: I deploy in mid-April. If I give notice in early March, that means the lease terminates April 1, right? Do I need to be fully moved out by then?

Yes, if you deliver notice in early March and your rent is due on the 1st, the lease terminates on April 1. You should vacate and return keys by that date. If you're deploying in mid-April, that gives you about two weeks to move out and clear housing before you ship out.

If timing is tight, you can also have someone act on your behalf under a power of attorney to handle the final walk-through, key return, and deposit recovery while you're deployed. JAG can prepare a limited POA for this purpose as well.

One more thing: the SCRA also protects you from having a lease termination reported negatively on your credit. Under § 3955(e), the landlord cannot impose any penalty or negative credit reporting for exercising your SCRA rights.