As a member of the Armed Forces, Reserves, National Guard or other uniformed services, you have legal protections for you and your family when you are called into active duty military service.
A law that provides many of these protections is called the Servicemembers Civil Relief Act (SCRA). This law was made to help protect members of the military and their family who may have trouble with financial and legal issues because of military service.
The landlord must refund the security deposit (minus any damages) within 30 days of the date the lease was lawfully terminated under the SCRA, 50 U.S.C. App. §535.
In fact, it is a criminal offense for a landlord to knowingly withhold your security deposit: See the statute below:
“Any person who knowingly seizes, holds, or detains the personal effects, security deposit, or other property of a servicemember or a service member’s dependent who lawfully terminates a lease covered by this section, or who knowingly interferes with the removal of such property from premises covered by such lease, for the purpose of subjecting or attempting to subject any of such property to a claim for rent accruing subsequent to the date of termination of such lease, or attempts to do so, shall be fined as provided in title 18, United States Code, or imprisoned for not more than one year, or both." ~ 50 U.S.C. App. § 535(h) (1) of the SCRA
What does this form do?
This letter is for service members or their dependents that have lawfully terminated your lease for the premises referenced above as provided by the SCRA, 50 U.S.C. App. § 535, and the landlord has failed to return my security deposit.
This is an easy-to-use interactive form. The program will create a sample letter and instructions. You can use this to notify your landlord about the SCRA requirements for return of your security deposit.
- Answer a few simple questions.
- Print out your form (letter and instructions).
- Proofread and sign it.
- Attach a copy of your orders.
- Make copies for your own records.
- Send the original, with attachments, to your landlord.
- Interactive Form Packet is currently unavailable.
- Sample Form is attached.
IMPORTANT NOTICE: You must have Microsoft Word or Word Viewer installed on your computer to use the interactive form packet. You can download Word Viewer for free here.
You must have Adobe Reader to view the sample form packet. You can download Adobe Reader for free here.
Resource Date: November 2015
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