Our policies and procedures as they relate to lease termination under the Servicemembers Civil Relief Act (SCRA) are reflected below.
Servicemembers Civil Relief Act (SCRA) Policy Regarding Lease Termination
a. We permit servicemembers to terminate residential leases upon their entry into military service or receipt of military orders (i) for a permanent change of station (including separation or retirement from military service) or (ii) to deploy with a military unit, or as an individual in support of a military operation, for a period of 90 days or more. A servicemember’s termination of a lease will also terminate any obligation a servicemember’s dependent may have under the lease.
b. We accept terminations upon delivery of written notice of termination and a copy of qualifying military orders to Integrity Asset Management, our employees, agents, or representatives. Delivery of the written notice and orders may be accomplished by hand delivery, private business carrier, U.S. mail, or electronic means reasonably calculated to ensure actual receipt of the communication (including electronic mail, facsimile, text message or internet portal).
c. Qualifying military orders include official military orders (including orders for separation or retirement), or any notification, certification, or verification from the servicemember’s commanding officer, with respect to the servicemember’s current or future military duty status.
d. We will not deny or rescind our approval of an SCRA early termination request by an otherwise qualified servicemember based on the servicemember’s failure to pay outstanding amounts due and owing under the lease.
e. We will treat any SCRA residential lease termination as effective no later than 30 days after the first date on which the next rental payment is due and payable after the date on which the notice was delivered, unless a later termination date is specified by the servicemember. Any rent amounts that are unpaid for the period preceding the effective date of the lease termination must be, if applicable, prorated. Rents or lease amounts paid in advance for a period after the effective date of the termination of the lease will be refunded to the lessee at the last known address of the lessee within 30 days of the effective date of termination.
f. We will not impose any early termination charge on a servicemember who terminates their lease based on receipt of qualifying military orders, and will not require the servicemember to repay any rent concession or discount at termination.
g. We will not initiate or pursue a waiver of any of the lease termination rights provided under 50 U.S.C. § 3955, nor will we enforce any such waiver that has been previously executed.
Procedure for Accepting Early Termination Under the Servicemembers Civil Relief Act (SCRA)
If a resident notifies us that he/she will be receiving military orders for (a) deployment of 90 days or more, (b) permanent change of station or (c) release from the military, the following procedures must be followed:
1. If a resident informs us of their intention to terminate their lease early under the SCRA, we will request that they submit a completed Notice to Vacate form and a copy of their military orders or verification from their commanding officer. If the resident provides one of those items, but not the other, we will request the item that was not provided.
2. We will accept the written Notice to Vacate and clarify their responsibility to pay the next month’s rent. a. If the resident provides written notice of termination without providing the Notice to Vacate form, we will request that the resident complete the Notice to Vacate form, but will not deny SCRA early termination based on the resident’s failure to use the Notice to Vacate form, and the date the resident first provided notice must be used for the purposes of determining the effective date of the termination.
3. We will accept the military orders or verification from their commanding officer reflecting the tenant’s current or future military duty status. We do not have to have the orders or verification to accept the Notice to Vacate, however we will need the orders or verification before move-out. Please remember that a letter or memorandum signed by a commanding officer meets the requirement – it does not have to be official military orders.
4. The SCRA only releases household members. It does not release a co-resident who is not a spouse or dependent. We will verify if anyone on the lease is not a spouse or dependent and contact them to discuss their continuing obligations under the lease.
5. We will verify the orders or the memo are legitimate.
6. We will provide the resident with move-out procedures and cleaning instructions.
7. The resident is encouraged to pay all amounts prior to move-out to avoid collection action and negative rental history. However, failure to pay such amounts is not a basis for denying or cancelling the early lease termination under the SCRA.
8. No accelerated rent charges, reletting fees or concession bill-backs will be done on any servicemember at move-out. Only the allowable rent for the 30 days after the next rental due date will be charged, along with any cleaning or damage charges incurred and final utility bills.
9. If the resident is owed a refund of rent amounts the resident paid in advance for a period after the effective date of termination, we will promptly process the refund. The SCRA requires the refund to be provided within thirty (30) days of the effective date of the termination.
10. If there are any questions about the SCRA move-out, the resident must be directed to call 915-206-0718 or email SCRAhelp@integrityamc.com. Questions regarding an SCRA move-out must be answered by a designated representative at the contact info above and not by on-site team members. On-site personnel are not authorized to respond. Legal matters or questions must be handled at a corporate level.
11. Any FMO for a service-member using the SCRA for early termination must be sent to SCRAhelp@integrityamc.com for approval before being sent out to the servicemember.
The same terms apply to someone who is a Reservist and is assigned to active duty 90 days or more.
Any communication with a commanding officer or JAG regarding a question about move-out procedures or policies for a resident serving in the military must be directed to K.C. Griffin or Melanie Bailey without exception at the contact information above.