Purpose:
This policy outlines the rights and procedures for tenants who need to terminate their residential leases due to military enlistment or deployment. It ensures compliance with federal law under the Servicemembers Civil Relief Act (SCRA) and applicable Massachusetts state laws.
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1. Eligibility for Lease Termination
1.1 Covered Individuals:
- Active duty members of the United States Armed Forces (Army, Navy, Air Force, Marine Corps, Coast Guard).
- Members of the National Guard under federal orders.
- Reservists on active duty.
- Members of the Commissioned Corps of the Public Health Service or the National Oceanic and Atmospheric Administration on active service.
1.2 Qualifying Conditions:
- Enlistment, induction, or activation into military service.
- Deployment or permanent change of station (PCS) orders requiring relocation for at least 90 days.
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2. Responsibilities of Co-Tenants or Spouses
2.1 Co-Tenant and Spouse Coverage:
- Under the Servicemembers Civil Relief Act (SCRA), the protections for lease termination extend only to the servicemember. Co-tenants or spouses not covered under the SCRA remain bound by the lease unless specifically released by the landlord.
2.2 Remaining in the Premises:
- If a co-tenant or spouse chooses to remain in the premises after the servicemember terminates their portion of the lease:
- They must notify the landlord in writing of their intent to stay.
- They remain responsible for their portion of the rent and all other lease obligations unless the lease is renegotiated.
- The landlord reserves the right to create a new lease agreement with the remaining occupants.
2.3 Financial Obligations:
- Co-tenants and spouses are responsible for ensuring that the full rent amount is paid in accordance with the lease terms.
2.4 Communication:
- It is recommended that co-tenants or spouses communicate with the landlord to clarify their status and avoid potential misunderstandings regarding lease obligations.
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3. Notice Requirements
3.1 Written Notice: The tenant must provide written notice of their intent to terminate the lease. This notice should include:
- A statement of intent to terminate the lease.
- The anticipated date of departure from the rental unit.
3.2 Proof of Service: The tenant must provide one of the following forms of documentation to support the termination request:
- A copy of official military orders.
- A letter from their commanding officer confirming active-duty status or deployment.
3.3 Delivery of Notice:
- The written notice and supporting documentation must be delivered to the property management office via hand delivery, certified mail, or email with receipt confirmation.
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4. Effective Date of Termination
4.1 Timing:
- The lease will terminate 30 days after the next rental payment is due following the delivery of the notice. For example, if notice is provided on June 15 and rent is due on July 1, the lease will terminate on July 31.
4.2 Early Vacating:
- Tenants may vacate the premises before the effective termination date. However, rent will be prorated only up to the effective termination date unless otherwise agreed upon.
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5. Financial Obligations
5.1 Rent Payments:
- The tenant is responsible for paying rent up to the effective termination date.
5.2 Security Deposit:
- The security deposit will be refunded within 30 days of the tenant vacating the unit, minus any lawful deductions for damages or unpaid rent in accordance with Massachusetts General Laws Chapter 186, Section 15B.
5.3 Other Fees:
- No penalties, early termination fees, or additional charges may be assessed for lease termination due to military service.
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6. Property Condition and Move-Out
6.1 Inspection:
- The tenant must schedule a move-out inspection with property management to assess the condition of the unit.
6.2 Responsibilities:
- The tenant must leave the premises in a clean and undamaged condition, with ordinary wear and tear excepted.
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7. Protections Against Retaliation
7.1 Non-Discrimination:
- Property management may not retaliate against a tenant for exercising their rights under this policy.
7.2 Credit Reporting:
- The tenant’s credit record must not reflect adverse entries due to early termination under this policy.
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8. Legal Compliance
8.1 Federal Law:
- This policy adheres to the Servicemembers Civil Relief Act (50 U.S.C. §§3901 et seq.), which provides legal protections for military members in rental agreements.
8.2 State Law:
- This policy complies with applicable Massachusetts laws regarding tenant protections for military members, including Chapter 186 of the Massachusetts General Laws.
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9. Contact Information
For assistance or questions regarding this policy, tenants may contact the property management office:
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10. Policy Updates
This policy will be reviewed annually and updated as necessary to ensure compliance with federal and state laws.
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Effective Date: 23rd day of October 2023