Logo
Who We Are What We Do How We Think Our People News & Insights
Schedule a Consultation
+1-321-206-3603

Have Questions? Let's Chat
Se habla Español

Schedule a Consultation
Who We Are What We Do How We Think Our People News & Insights Schedule a Consultation +1-321-206-3603
icon

Meet Locally in Melbourne or Save the Trip and Meet Virtually. Serving all 67 Florida Counties.

  • Home >
  • Real Estate

Published: Oct 25, 2020

Updated: Dec 8, 2023

Special Rules for Rental Applications for Members of the Armed Forces

By Andrew David Easler, Esq.

Published: Oct 25, 2020

Updated: Dec 8, 2023

Military members are afforded certain protections and benefits while in active duty, including protections relating to housing and accommodations. For this reason, landlords need to be aware of the laws that can affect the landlord’s relationship with its military tenants. In 2003, the United States Congress enacted the Servicemembers Civil Relief Act (“SCRA”) to revise and expand the Soldiers’ and Sailors’ Civil Relief Act of 1940.[1] The SCRA provides legal protections for active military members to enable them to focus on the defense of the nation.[2] The SCRA includes protections relating to rental agreements, evictions, security deposits, and prepaid rent, among other topics.[3]

First, landlords must know who is covered by the SCRA. The SCRA covers (1) full-time active-duty members of the United States military; (2) reservists called to federal active duty; (3) National Guard members who are called to service for a period of more than thirty (30) days; and (4) servicemembers absent from duty because of “sickness, wounds, leave, or other lawful cause.”[4] In addition, “[c]ommissioned officers in active service of the Public Health Service (PHS) or the National Oceanic and Atmospheric Administration (NOAA) are also covered by the SCRA.”[5] Second, landlords need to know what actions are affected by this act. The SCRA provides protections for the termination of leases and protection from eviction.[6]

Under the SCRA, servicemembers may terminate a residential lease and other leases for premises intended to be occupied by the service member or his or her dependents.[7] For this section to apply, the lease must have been executed by (1) a lessee who later enters military service, or (2) a servicemember who later receives an order for permanent change of station or deployment for a period of not less than ninety (90) days.[8] To terminate a lease, the servicemember must deliver a written notice and a copy of his military order(s) to the landlord.[9]  The termination becomes effective thirty (30) days after the date when the next payment of rent is due.[10]

The SCRA also protects servicemembers from evictions during active military service under certain circumstances. A landlord cannot evict a servicemember or the servicemember’s dependents unless the landlord obtains a court order.[11] To qualify for this protection, the premises involved must be occupied primarily as the servicemember’s residence.[12] Additionally, the monthly rent for the premises involved must not exceed a certain amount.[13]

In addition to federal law, state law may also provide servicemembers with some protections and benefits, but these may vary by state. In 2016, Florida passed a bill that imposes new duties on landlords when dealing with a rental application by a servicemember.[14] If a landlord requires a prospective tenant to fill out an application, the landlord must process such application within seven (7) days of submission.[15] Next, within the same seven (7) day period, the landlord must notify the servicemember in writing if the application was approved or denied.[16] If the application was denied, the landlord must include the reason for denial in the notification.[17] The statutes goes a step further by providing that the landlord must approve the rental application of the servicemember if (1) the landlord fails to provide a timely denial, and (2) all other application requirements are met.[18]

Like the SCRA, Florida allows a service member to terminate a rental agreement if certain conditions are met. To terminate the lease, a service member must provide written notice to the landlord and a copy of his military order(s).[19] The statute also provides a list of circumstances in which a servicemember may terminate the lease.[20] For example, if the servicemember must move thirty-five (35) miles or more away from the location of the premises, the servicemember is prematurely discharged or released from active duty, among others.[21] If a service member dies during active duty, an immediate family member is allowed to terminate the lease by providing written notice accompanied by a copy of the military order(s) and a copy of the servicemember’s death certificate.[22] The service member is still liable for the rent due under the lease “prorated to the effective date of the termination.”[23]

This article highlights how military tenants are afforded more protection than the average tenant under both federal law and state law. These protections can affect the landlord’s responsibilities and the rental process. Landlords must be aware of their responsibilities when dealing with military tenants or prospective military tenants under the both state and federal law. Furthermore, landlords must know their rights and to what extent these rights may be affected. For example, as mentioned above, a landlord’s right to deny a rental application can be waived for delay. Finally, it is important to note that not all military members qualify for some of these protections since the protections afforded depend on several qualifying factors including the rental amount and the member’s military status, among others.

 

References:

[1] THE SERVICEMEMBERS CIVIL RELIEF ACT (SCRA), U.S. Dep’t Just., https://www.justice.gov/servicemembers/servicemembers-civil-relief-act-scra (last visited Sept. 27, 2020) [hereinafter SCRA]; Servicemembers Civil Relief Act, Pub. L. No. 108-189, 117 Stat. 2835 (2003). [2] SCRA, supra note 1; Servicemembers Civil Relief Act, Pub. L. No. 108-189, § 2, 117 Stat. 2835, 2836 (2003). [3] SCRA, supra note 1. [4] Id.; Servicemembers Civil Relief Act, Pub. L. No. 108-189, § 101, 117 Stat. 2835, 2836 (2003); The United States military is composed of five branches: Army, Navy, Air Force, Marine Corps and Coast Guard. [5] SCRA, supra note 1. [6] Servicemembers Civil Relief Act, §§ 305, 301, 117 Stat. at 2845, 2848. [7] Servicemembers Civil Relief Act, §305, 117 Stat. at 2848. In addition to residential leases, the provision covers business, professional, agricultural, and other leases for a similar purpose. [8] Id. [9] Id. § 305(c)(A), 117 Stat. at 2849.  [10] Id. § 305(d)(1), 117 Stat. at 2849.  [11] Id. §305, 117 Stat. at 2845. [12] Servicemembers Civil Relief Act, §305(a)(1)(A)(i), 117 Stat. at 2845. [13] Id. §305(a)(1)(A)(ii), 117 Stat. at 2845; SCRA Rental and Eviction Protection, Mil. (Apr. 4, 2020), https://www.military.com/benefits/military-legal-matters/scra-rental-and-eviction-protection.html#:~:text=Evictions,before%20you%20joined%20the%20military (“If you rent a house or apartment and the rent doesn’t exceed $3,991.90 per month (for 2020), the landlord must obtain a court order before evicting you or your family.”); see 85 Fed. Reg.4,296 (Jan. 24, 2020)   [14] Fla. Stat. §83.683 (2016). Under § 83.683(2), the same requirements apply to condominium associations, cooperative associations, and homeowners’ associations. [15] Id. § 83.683(1).  [16] Id.  [17] Id. [18] Id.  [19] Fla. Stat. § 83.682(1) (2020). [20] Id. [21] Id. § 83.682 (1)(a)-(b). [22] Id. § 83.682(3). [23] Id. § 83.682(4).


Disclaimer

We give great legal advice, but this page (and the rest of our site) is for informational use only and is no substitute for actual legal advice. If you’d like to establish an attorney-client relationship, reach out to us and we’ll tell you how we can make it official. Sending us an email or reading this page alone doesn’t mean we represent you.

Our Practice Areas

A real estate attorney specializes in property law, helping clients navigate the complexities of buying, selling, and managing real estate, ensuring that transactions comply with state laws and regulations, and providing protection and peace of mind.

Responsibilities of an attorney include drafting and reviewing contracts, negotiating terms, and resolving complex issues such as zoning, leasing, property development, and disputes involving boundaries or titles. Real estate attorneys are also skilled in handling litigation related to construction defects and other property disputes, helping to resolve these matters effectively and prevent potential legal challenges.

By conducting due diligence and offering strategic legal advice, attorneys play an important role in safeguarding clients’ interests. Whether for individual homeowners or commercial property investors, real estate attorneys mitigate risks, represent clients in court, and assist them with making informed decisions that are legally sound.

Learn More About Real Estate Law Schedule a Consultation

Attorneys who practice business law provide legal advice for starting, managing, and expanding businesses, ensuring compliance with applicable laws. Their expertise covers various duties, including drafting and reviewing contracts, advising on corporate governance, facilitating business transactions such as mergers and acquisitions, forming partnerships, LLCs, and other business entities like DBAs, drafting and reviewing LLC Operating Agreements, and assisting with strategic planning.

Business attorneys also help wtih legal matters such as intellectual property rights, disputes, franchising, and regulatory compliance, represent clients in civil litigation to resolve issues like contract breaches and other civil matters, offer advice on administrative and compliance requirements, assist clients who are buying or selling businesses, and even help plan for succession and asset protection.

Attorneys help mitigate risks, safeguard company interests, assist clients in making legally sound, informed decisions, help manage growth, and provide guidance to navigate and resolve legal challenges effectively. Their strategic insights are invaluable in ensuring business operations align with legal standards and long-term objectives.

Learn More About Business Law Schedule a Consultation

Probate attorneys actively manage the estate administration process following an individual's death, ensuring the distribution of assets aligns with the will or state law, and handle Formal Probate Administration for complex cases, Summary Administration for smaller estates, and Ancillary Administration for assets in other states.

Responsibilities of probate attorneys include filing petitions, appointing personal representatives to manage estate affairs, notifying interested parties to ensure transparency and prevent disputes, helping conduct an inventory and appraisal of the estate's assets, overseeing the payment of debts and expenses, handling probate litigation to resolve any disputes that arise.

They also assist in distributing the assets and formally closing the estate, ensuring all legal and financial responsibilities are met, simplifying the complex probate process, honoring the decedent's wishes, and providing clarity and support to the beneficiaries.

Learn More About Probate Schedule a Consultation

Will and trust attorneys help draft legal documents to ensure their clients' wishes for asset distribution are executed correctly. They draft personalized and legally compliant wills to designate beneficiaries, appoint executors, and establish trusts for asset management and distribution. It is important to note that wills and trusts are an integral part of the estate planning process.

Responsibilities of wills and trust attorneys include providing legal advice and guidance related to asset protection, minimizing tax obligations, facilitating efficient wealth transfer to designated heirs, offering advice on appointing guardians for minor children, and drafting healthcare directives for unforeseen circumstances.

By providing tailored legal advice and crafting personalized documents, attorneys help clients safeguard their legacies, protect loved ones, and ensure that all documents are both legally compliant and enforceable.

Learn More About Wills & Trusts Schedule a Consultation

Estate planning attorneys provide advice and legal guidance for managing and distributing assets in the event of death or incapacity and assist individuals of various financial backgrounds in preparing essential legal documents such as wills, trusts, and Lady Bird Deeds, and may offer advanced techniques like offshore trusts and family-limited partnerships.

Experienced attorneys offer personalized legal advice, tailoring strategies to meet individual client needs, and assist clients in navigating complex laws and regulations affecting asset management, taxation, and inheritance.

End-of-life planning safeguards wealth and secures a lasting legacy for heirs and charitable causes. Whether estates are modest or substantial, these plans provide invaluable peace of mind and financial security for future generations.

Learn More About Estate Planning Schedule a Consultation

Civil litigation attorneys manage disputes and represent their clients effectively with various legal matters and issues. They provide clear legal advice and handle all aspects of a case, from preparing documents to gathering evidence and preparing for trial. They also offer guidance and experience to help clients navigate the legal system efficiently, ensuring that cases are managed effectively and lead to timely outcomes.

Civil litigators are also skilled negotiators, often resolving disputes outside of court to save time and maintain relationships, which is particularly vital in business and probate matters.

When trials are necessary, they present and argue cases effectively to minimize losses and secure favorable outcomes. They offer continuous support and guidance throughout the litigation process, simplifying complex legal issues for their clients in both personal and business contexts.

Learn More About Civil Litigation Schedule a Consultation

Real Estate

A real estate attorney specializes in property law, helping clients navigate the complexities of buying, selling, and managing real estate, ensuring that transactions comply with state laws and regulations, and providing protection and peace of mind.

Responsibilities of an attorney include drafting and reviewing contracts, negotiating terms, and resolving complex issues such as zoning, leasing, property development, and disputes involving boundaries or titles. Real estate attorneys are also skilled in handling litigation related to construction defects and other property disputes, helping to resolve these matters effectively and prevent potential legal challenges.

By conducting due diligence and offering strategic legal advice, attorneys play an important role in safeguarding clients’ interests. Whether for individual homeowners or commercial property investors, real estate attorneys mitigate risks, represent clients in court, and assist them with making informed decisions that are legally sound.

Learn More About Real Estate Law Learn More arrow_forward calendar_today

Business

Attorneys who practice business law provide legal advice for starting, managing, and expanding businesses, ensuring compliance with applicable laws. Their expertise covers various duties, including drafting and reviewing contracts, advising on corporate governance, facilitating business transactions such as mergers and acquisitions, forming partnerships, LLCs, and other business entities like DBAs, drafting and reviewing LLC Operating Agreements, and assisting with strategic planning.

Business attorneys also help wtih legal matters such as intellectual property rights, disputes, franchising, and regulatory compliance, represent clients in civil litigation to resolve issues like contract breaches and other civil matters, offer advice on administrative and compliance requirements, assist clients who are buying or selling businesses, and even help plan for succession and asset protection.

Attorneys help mitigate risks, safeguard company interests, assist clients in making legally sound, informed decisions, help manage growth, and provide guidance to navigate and resolve legal challenges effectively. Their strategic insights are invaluable in ensuring business operations align with legal standards and long-term objectives.

Learn More About Business Law Learn More arrow_forward calendar_today

Probate

Probate attorneys actively manage the estate administration process following an individual's death, ensuring the distribution of assets aligns with the will or state law, and handle Formal Probate Administration for complex cases, Summary Administration for smaller estates, and Ancillary Administration for assets in other states.

Responsibilities of probate attorneys include filing petitions, appointing personal representatives to manage estate affairs, notifying interested parties to ensure transparency and prevent disputes, helping conduct an inventory and appraisal of the estate's assets, overseeing the payment of debts and expenses, handling probate litigation to resolve any disputes that arise.

They also assist in distributing the assets and formally closing the estate, ensuring all legal and financial responsibilities are met, simplifying the complex probate process, honoring the decedent's wishes, and providing clarity and support to the beneficiaries.

Learn More About Probate Learn More arrow_forward calendar_today

Wills & Trusts

Will and trust attorneys help draft legal documents to ensure their clients' wishes for asset distribution are executed correctly. They draft personalized and legally compliant wills to designate beneficiaries, appoint executors, and establish trusts for asset management and distribution. It is important to note that wills and trusts are an integral part of the estate planning process.

Responsibilities of wills and trust attorneys include providing legal advice and guidance related to asset protection, minimizing tax obligations, facilitating efficient wealth transfer to designated heirs, offering advice on appointing guardians for minor children, and drafting healthcare directives for unforeseen circumstances.

By providing tailored legal advice and crafting personalized documents, attorneys help clients safeguard their legacies, protect loved ones, and ensure that all documents are both legally compliant and enforceable.

Learn More About Wills & Trusts Learn More arrow_forward calendar_today

Estate Planning

Estate planning attorneys provide advice and legal guidance for managing and distributing assets in the event of death or incapacity and assist individuals of various financial backgrounds in preparing essential legal documents such as wills, trusts, and Lady Bird Deeds, and may offer advanced techniques like offshore trusts and family-limited partnerships.

Experienced attorneys offer personalized legal advice, tailoring strategies to meet individual client needs, and assist clients in navigating complex laws and regulations affecting asset management, taxation, and inheritance.

End-of-life planning safeguards wealth and secures a lasting legacy for heirs and charitable causes. Whether estates are modest or substantial, these plans provide invaluable peace of mind and financial security for future generations.

Learn More About Estate Planning Learn More arrow_forward calendar_today

Civil Litigation

Civil litigation attorneys manage disputes and represent their clients effectively with various legal matters and issues. They provide clear legal advice and handle all aspects of a case, from preparing documents to gathering evidence and preparing for trial. They also offer guidance and experience to help clients navigate the legal system efficiently, ensuring that cases are managed effectively and lead to timely outcomes.

Civil litigators are also skilled negotiators, often resolving disputes outside of court to save time and maintain relationships, which is particularly vital in business and probate matters.

When trials are necessary, they present and argue cases effectively to minimize losses and secure favorable outcomes. They offer continuous support and guidance throughout the litigation process, simplifying complex legal issues for their clients in both personal and business contexts.

Learn More About Civil Litigation Learn More arrow_forward calendar_today

Founded in 2021 by Attorneys with Real-World Experience

Legal Questions Answered

Frequent Asked Questions

Our FAQ section provides general answers to common legal questions but is not a substitute for legal advice. Always consult a licensed attorney for personalized guidance.

Need more help?
Schedule a Consultation

Our attorneys actively prepare for each consultation by reviewing the information you provide beforehand. This preparation ensures that potential clients receive valuable legal advice and information, maximizing the value of your time with us.

Speak with an Attorney +1-321-206-3603

People also read about...

Publications

Can a Landlord ask for Proof of a Dog’s ADA Service Animal Status?


Read More arrow_forward
View Knowledge Hub

Search pages, our insights, and more all from one place

+1-321-206-3603 Schedule a Consultation

Trusted by 1000+ Clients.

Easler Law offers legal advice and consults involving real estate, business law, probate, wills and trusts, estate planning, and civil litigation. Our attorneys are licensed in Florida, operate from Melbourne, Florida, and virtually serve clients across all 67 Florida counties.

+1-321-206-3603 Schedule a Consultation

Have Questions? Let’s Chat +1-321-206-3603

Se habla Español

Monday-Friday 9 AM to 5 PM EST.

Closed on weekends and holidays.

[email protected]

Logo

Read our Terms, Privacy Policy, and DMCA Policy. We are an Equal Opportunity Employer and are committed to Accessibility. Explore open job positions and our affiliates QuickDeeds.com®, BusinessHelp.com®, and WorkTraining.com®. Discover resources for small businesses through the SBA and view Sunbiz process times. Legal services and financial help are available through Legal Aid. Also, consider supporting Ukraine and Animal Legal Defence.

© 2021-2024 Easler Law, PLLC or its affiliates. All rights reserved.