Signing a lease-your rights and responsibilities

  • Published
  • By Malmstrom Legal Office
MALMSTROM AIR FORCE BASE, Mont. --  The permanent change of station season is now upon us. One of the most stressful things about moving can be finding a new place to live and signing a lease.  Under Montana law, individuals have certain rights and responsibilities as a tenant. Additionally, under the Servicemebers Civil Relief Act (SCRA), military members are given certain protections when it comes to leases. Members knowing their rights and responsibilities before signing a lease can help later down the road.

First, as a tenant, individuals have certain rights. For example, tenants have the right to know the names and addresses of any property managers and owners. Additionally, individuals have the right to possess the property. This means that on the tenant's move-in date, the landlord must make sure that the new residence is available to move into. Individuals do not have to start paying rent until the residence is available. Tenants also have the right to have the landlord maintain the property.  Maintaining the property means that the landlord must make sure the rental property meets building and housing codes that pertain to health and safety. Additionally, the landlord must make any repairs, maintain any common areas and maintain any electrical or plumbing appliances.

Tenants also have certain responsibilities. One responsibility is to maintain the rental. In order to maintain the rental, individuals must obey any building or housing codes that pertain to health and safety, keep the rental reasonably clean and use the rental in a reasonable manner. Tenants also have a duty to allow the landlord to enter their rental. The landlord, however, must have a good reason to enter. Examples include inspecting the rental, making repairs and supplying any services. Further, tenants must obey any reasonable rules the landlord has that are in writing and promote convenience, safety, or welfare of individuals living on the property.

Lastly, as an active-duty service member, individuals have certain rights under SCRA. First, in order to be evicted from the rented residency, there must be a court order if the rent is less than $2,958.53 per month. Additionally, if a member signed a lease and receives orders to PCS before the lease ends, they can terminate the lease without any penalty. Importantly, this provision only applies to military members, their spouses and their dependents. This means that if a co-tenant receives orders to PCS or deploy, the additional tenant may be left paying the entire rent. Luckily, members can expand this right under SCRA to allow the lease to be broken if a co-tenant receives PCS orders. A sample Military Clause Addendum is available at the legal office.