A landlord can verify military orders if a tenant requests lease termination under the Servicemembers Civil Relief Act (SCRA). This verification ensures the legitimacy of the orders for active duty, enabling tenants in the military to terminate leases without penalty.
As a landlord, you may need to verify the authenticity of military orders provided by a tenant to terminate their lease early due to military service. The servicemembers civil relief act (scra) indicates that a landlord can request proof of military service in writing.
However, the law also stipulates that such information should only be used for legitimate purposes related to leasing property to military personnel. So, landlords must exercise discretion while verifying such documents and make sure that it is done in a way that does not violate any laws protecting military personnel.
We will explore the processes involved in verifying military orders and the regulations landlords should follow to ensure they are not in breach of the scra.
Understanding Military Orders And Their Importance
Definition Of Military Orders
Military orders refer to official documents issued by the Department of Defense, which directs military personnel to carry out specific tasks or assignments.
These orders may range from deployment to combat zones, transfer to different bases, or training programs. Military orders can be modified or cancelled based on the requirements and decisions of the higher authorities.
Some important things to consider about military orders:
- Military orders are legally binding and have to be followed by military personnel.
- Military orders can be issued in various formats like electronic, email, and paper-based orders.
Importance Of Military Orders
Military orders hold significant importance, both for military personnel and the government. Here are some reasons why:
- Preparedness: Military orders help military personnel in being prepared for their next assignment, including gaining knowledge about the requirements, logistics, and other necessary details. This supports the military’s readiness capability to respond and defend the country in uncertain situations.
- Compliance and accountability: Military orders ensure that all military personnel are following the same protocol, realize their responsibilities, and are accountable for their actions.
- National security: Military orders are crucial to realizing national security objectives, which include defending the country from various security threats like terrorism, hostile attacks, and other contingencies.
- Legal accountability and protection: Military orders protect individual service members legally, providing them with an official statement in case of a dispute or accusation.
Despite its crucial role, there are instances where military orders may affect military personnel and their families negatively.
These situations may include modifications in the orders, relocation, or deployment, leading to distress, financial challenges, or family separation. However, the military and its support systems do all that is possible to relieve the impact.
Legality Of Landlord Verification Of Military Orders
Can Landlord Verify Military Orders?
Being in the military can bring enormous changes to your life, including relocating and moving to a new place.
When you are in military service, a landlord may require verification of your military orders before renting the property.
However, the question is, is it legal for landlords to verify military orders? Let’s dive in deeper and take a closer look at the legality of landlord verification of military orders.
What Are The Legal Limits Of Verification?
Landlords have the right to verify military orders. However, there are legal limits that landlords must adhere to when verifying military orders.
The fair housing act prohibits discrimination based on a person’s military status. Therefore, landlords must not discriminate against military personnel in any way.
Here are the legal limits to the verification of military orders:
- Verify only the information that is necessary to determine the military member’s qualification to rent the property.
- Military orders must be related to the applicant’s service, such as deployment, temporary duty, and new assignment.
- Landlords must not ask for a military member’s service record, discharge papers, or military identification.
- Landlords should not require a military member to provide more information than required to prove military service.
What Actions Are Considered Discriminatory Against Military Members?
Landlords are subject to the fair housing act, which provides that property owners should not discriminate against active-duty military members, veterans, or military dependents.
Some actions that landlords can take when verifying military service are discriminatory and prohibited by law. Among these actions are:
- Refusing to rent to a military member due to their military status
- Charging higher fees, deposits or rent to military members
- Refusing to renew the tenancy to the military member based on military service
Landlords can legally verify military orders, but there are legal limits landlords must follow to avoid discrimination against military members.
Landlords must provide equal housing opportunities to all, including military personnel, without any form of prejudice. Remember, serving in the military does not limit your right to fair treatment in housing.
How To Verify Military Orders As A Landlord
As a landlord, you have several responsibilities, one of which is verifying the legitimacy of your tenants’ military orders. Military members often need to relocate out of state or country to fulfil their duties.
To ensure a smooth renting experience for both parties, you need to know the proper channels for verification and understand the privacy concerns of military members.
Let’s delve into these aspects in more detail.
Know The Proper Channels For Verification
Verifying military orders as a landlord can be challenging, especially if you’re not familiar with the proper channels. Here’s what you need to know:
- The servicemembers civil relief act (scra) allows military members to break their lease agreement if they’re called for duty. To verify military orders, you can request a copy of the official orders from the military member.
- You can call the military orders verification hotline at the defence manpower data centre (DMDC) to verify the accuracy of the orders. This hotline is available to landlords, property managers, and other authorized parties.
Understand The Privacy Concerns Of Military Members
While it’s your responsibility to verify military orders as a landlord, it’s also essential to understand the privacy concerns of military members. Here are some points to keep in mind:
- Military orders contain sensitive information, such as deployment dates and locations. It’s crucial to respect the privacy of military members by handling this information with care.
- The scra prohibits landlords from sharing military members’ personal information with third parties without their consent.
- It’s best to communicate directly with the military member to ensure confidentiality and privacy. Avoid discussing military orders with anyone else, including family members or friends.
Verifying military orders as a landlord can be challenging, but it’s a crucial step in ensuring a smooth renting experience for military members.
By knowing the proper verification channels and understanding privacy concerns, you can create a positive renting experience for both parties.
Frequently Asked Questions Of Can Landlord Verify Military Orders
Can A Landlord Deny Someone Because Of Military Orders?
No. Military orders are not a valid reason to deny a tenant. It’s illegal.
Can A Landlord Charge Rent After A Tenant Has Moved Out For Military Orders?
No. If a tenant gives proper notice and military orders, they are not liable for rent.
Can A Landlord Require Proof Of Military Orders?
Yes. A landlord can require a copy of the military orders as proof.
Can A Landlord Evict A Tenant Who Is Called For Military Duty?
No. It’s illegal to evict a tenant because of military service. Military tenants have rights.
Conclusion
As a conclusion, landlords can request verification of military orders from their tenants. However, they are not entitled to all the information concerning the military service or deployment of their tenants.
It is essential for landlords to understand the legalities surrounding military order verification, so they do not overstep their boundaries and violate the privacy rights of their tenants.
The service members civil relief act provides guidelines for landlords to follow to verify military orders legally.
As a landlord, always ensure to respect the rights of your tenant while requesting verification of their military orders.
Tenants on active duty should maintain regular communication with their landlords, informing them of their deployment and expected return dates.
In essence, both the landlord and tenants should work together in understanding the rights and obligations surrounding verifying military orders.
Reference: https://law.lis.virginia.gov/vacode/title55.1/chapter12/section55.1-1235/