SCRA Information for Residents
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 SunRidge 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 we 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:
- 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.
- 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.
- 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.
- 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.
- We
will verify the orders or the memo are legitimate.
- We
will provide the resident with move-out procedures and cleaning
instructions.
- 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.
- 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.
- 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.
- If
there are any questions about the SCRA move-out, the resident must be
directed to call 972‑243‑7648 or email corporate@sunridgemanagement.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.
- Any
FMO for a servicemember using the SCRA for early termination must be sent
to corporate@sunridgemanagement.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 SunRidge Management Group at 972‑243‑7648
or corporate@sunridgemanagement.com without exception.