In California, there is no implied protection that releases military service members of their obligation under a lease should they receive a notice of transfer of station, or deployment. Therefore, the prudent “active duty” service member will include a Military Clause if he/she wishes to be released from all obligation under a lease should they receive a transfer. Without a military clause, he or she may be required to complete the lease which usually means making monthly rental payments through the end of the lease, or until a replacement tenant can be found.

Recently, while working with a naval officer and assisting him with a 12-month lease of a condo in Gaslamp City Square in downtown, San Diego, we realized in final negotiations that the lease did not include a Military Clause. When we insisted on including one, the opportunity was lost because landlords are not required to include them in their leases, and this particular owner moved on to the next applicant.

Military Clause Key Items

A Military Clause should include these three essential items, and can be easily incorporated into a lease by an Addendum:

1. The tenant has received a permanent change of station order to an area located more than 35 miles from the Leased Premises.

2. The Tenant is no longer a member of active duty of the Armed Services.

3. The Tenant has entered into the Lease prior to arrival and subsequently received orders of re-assignment elsewhere.

Other Considerations

Other considerations are that the transfer length of time is a minimum of three months, the transfer notice is in writing and provided to the landlord with at least 30-days notice.

For questions or comments, please call Margaret (619) 246-8400.