SCRA and "End of Service" Orders

As noted in an article entitled"Terminating rental leases at the expiration of a term of service under the SCRA" in the general resource section, JAG officers do advise clients that  the SCRA applies to the "end of service" order as well as orders changing duty stations.   Additional support for this interpretation comes from a 2012 "consent order" adopted by the U.S.  District Court for the District of Nebraska.  The proceeding was brought by the US Attorney's Office against a large property management firm that refused to terminate residential leases entered into by active duty servicemembers AFTER those members received orders "releasing them from active duty."   Under the Consent Order,  Empirian essentially agreed to treat EOS orders as PCS orders for purposes of the early lease termination under the SCRA.

In advancing this position on behalf of a client, it is suggested that the attorney use both the Joint Travel Regulation citations in the article above, and a copy of the attached Court Consent Decree.

Resource Date: July 2018