Know your contractual rights Published May 14, 2013 By 2nd Lt. Kathleen Finnegar 14th Student Squadron COLUMBUS AIR FORCE BASE, Miss. -- Military orders often come fast and quick. As you run through your checklist before you deploy or PCS, consider what contractual obligations you may have. Whether it is with a cell phone service, a home or apartment rental or a motor vehicle lease, you cannot be reprimanded for the cancellation of the contract thanks to the Servicemembers Civil Relief Act. You may already be familiar with the SCRA and how it allows for interest rates to be capped at a maximum of six percent for all service members. However, the interest rate cap is not the only provision available to protect the civil rights of service members so that they may "devote their entire energy to the defense needs of the Nation" (50 U.S.C. App. §§ 501 et seq.) Pursuant to the SCRA, you may be able to terminate your cell phone contract and lease agreements early, without incurring any financial penalty, so it's important that you know how this applies to you before you make your next big move. If you are relocating for a period of at least 90 days to an area where your current cell phone carrier does not provide service, you may cancel the service without any early termination fee. Even if you move to an area where your carrier provides service, you may still be able to terminate your contract if coverage in that particular area is not adequate. In order to do this, a written or electronic notification must be sent to your provider. You must also send them a copy of your orders. You may be able to reclaim your phone number when you return if it is within a three year period. If you have multiple members of your family, such as a spouse or children, on your plan, you can cancel their service as well if they are relocating with you. If you are renting your house or apartment, you may break your rental agreement without facing early termination penalties. To terminate your rental agreement, you must deliver written notice of your request to terminate and a copy of your orders to your landlord. Your orders can be in the form of any official document, notification, certification or verification from your commanding officer. Termination of the rental agreement is effective 30 days after the first date on which the next rental payment is due and payable, after the date on which the notice is delivered. For example, your rent is due on the first day of every month and you hand-carry a written request to terminate and a copy of your PCS orders to your landlord on April 15. In this example, you still owe rent for the month of May and on May 31 your lease is terminated. Termination of the servicemember's obligation under the lease also terminates any obligation of a dependent of the servicemember. Your landlord has 30 days after the date of termination to refund any prepaid rent and your security deposit (less charges for repairs/damages). A lease of a motor vehicle used or intended to be used by a servicemember or a servicemember's dependents for personal or business use may also be terminated under the provision of SCRA, without incurring early termination fees. You will still be responsible for taxes, summonses, obligations and liabilities (i.e. excess damages for excess wear or arrearages). A copy of your orders will also be required for validation and you must return the vehicle to the lessor or creditor no later than 15 days after written notice is provided. Please spread the word to your fellow Airmen that may be deploying or PCS'ing. It is their right to know what is available to make the transition smoother! Additional information about the Servicemembers' Civil Relief Act is available on the legal assistance website at http://aflegalassistance.lawlaflmil/lass/lass.html. You can also call 434-7030 to schedule an appointment with a legal assistance attorney or stop by and grab a brochure from our self-help series.
