Renting to military members can be a unique yet rewarding experience for Fort Smith property owners. While their service commitments and lifestyle may bring distinct challenges, military tenants are often responsible, disciplined, and value-driven individuals who enrich the communities they become part of. However, it’s crucial to understand the specific legal protections and needs of this dedicated group to build a successful and positive landlord-tenant relationship. By familiarizing yourself with the nuances of renting to military members, you can create an environment that benefits both your investment and your tenants.
Renting to Military Tenants vs. Regular Tenants
As a Fort Smith property owner, understanding the unique considerations of renting to U.S. military members is essential. Federal laws like the Servicemembers Civil Relief Act (SCRA) affect everything from lease-breaking circumstances to handling late rental payments. Knowing these legalities can safeguard both landlords and tenants, ensuring a smooth rental experience.
Breaking the Lease: Federal Protections for Military Tenants
The Servicemembers Civil Relief Act (SCRA) allows active military members to break a lease without penalty under specific conditions. Common scenarios include receiving transfer orders over 35 miles away, being discharged, or facing service-related events. Landlords cannot charge fees or withhold security deposits when leases are broken due to these circumstances.
Training Absences: Legal Implications for Landlords
Military tenants often need to leave for training, ranging from two weeks to several months. Absences for training do not justify eviction as long as tenants plan to return and fulfill lease terms. Landlords must respect these commitments and refrain from legal actions during such absences.
To address security concerns during extended absences, consider:
- Installing security systems.
- Hiring a professional property management company like Real Property Management First Choice to conduct regular property checks.
Handling Late Rental Payments
If a tenant or their dependents reside in your property during active military service, the SCRA requires landlords to delay eviction proceedings for late rent payments—especially if rent is $3,851.03 or less per month. Courts will typically grant a 90-day grace period to military tenants facing payment issues.
Managing Civil Court Actions
Under the SCRA, military tenants can request a delay in any civil court actions initiated against them. Active duty status may pause the statute of limitations, potentially prolonging legal timelines in landlord-tenant disputes.
Partner with the Experts
Renting to active military tenants needs both time and awareness of the law. For many rental property owners who are unfamiliar with the law, there are numerous methods to find themselves in legal trouble. However, acquiring Real Property Management First Choice can be advantageous. Our team of Fort Smith property managers have experience leasing properties to military tenants and are fully aware of all relevant federal, state, and local laws. With our support, you can better protect your valuable investment and avoid legal complications for you and your tenant. Contact us today for more information.
Originally published on Dec 27, 2019
We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. See Equal Housing Opportunity Statement for more information.
