MRP Tenant Relations & Leasing 3 — Questions and Answers
Question 1: What is the primary purpose of a military clause in a residential lease?
- To reduce the monthly rent for active-duty personnel
- To allow the tenant to terminate the lease if they receive qualifying military orders (Correct answer)
- To require landlords to make military-grade security improvements
- To exempt military tenants from paying a security deposit
Correct answer: To allow the tenant to terminate the lease if they receive qualifying military orders
A military clause allows a servicemember to terminate a lease early without penalty upon receipt of qualifying military orders, complementing SCRA protections.
Question 2: Under most state landlord-tenant laws, what is the maximum timeframe landlords typically have to return a security deposit after a tenant vacates?
- 7 days
- 14–30 days, depending on state law (Correct answer)
- 60 days
- 90 days
Correct answer: 14–30 days, depending on state law
Most states require landlords to return security deposits within 14–30 days of lease termination, though the exact timeframe varies by state.
Question 3: A military tenant receives PCS orders mid-lease and provides proper SCRA notice. The landlord demands a penalty fee for early termination. What should the MRP agent advise?
- The tenant must pay the penalty as agreed in the lease
- The penalty clause is unenforceable because SCRA supersedes conflicting lease terms (Correct answer)
- The tenant must negotiate the fee directly with the landlord
- The tenant should contact JAG only after paying the fee
Correct answer: The penalty clause is unenforceable because SCRA supersedes conflicting lease terms
SCRA is a federal law that preempts conflicting lease provisions; early termination penalty clauses cannot be enforced against a servicemember who properly invokes SCRA protections.
Question 4: Which federal fair housing protected class is MOST relevant when a landlord refuses to rent to a family because their service member spouse is frequently deployed?
- Race
- Religion
- Familial status (Correct answer)
- National origin
Correct answer: Familial status
Refusing to rent to families with children or discriminating based on family composition (including deployment-related concerns about single-parent households) may violate the familial status protection under the Fair Housing Act.
Question 5: What document should an MRP agent recommend a military tenant obtain before signing any lease to avoid deposit disputes at move-out?
- A letter from the installation housing office
- A detailed move-in inspection report signed by both landlord and tenant (Correct answer)
- A certificate of occupancy from the local municipality
- A military housing allowance verification letter
Correct answer: A detailed move-in inspection report signed by both landlord and tenant
A thorough move-in inspection report, signed by both parties, establishes the property's pre-tenancy condition and prevents disputes over pre-existing damage at move-out.
Question 6: Basic Allowance for Housing (BAH) is calculated based on which primary factors?
- Servicemember's rank, years of service, and home state
- Servicemember's pay grade, dependency status, and duty station zip code (Correct answer)
- Servicemember's MOS, branch of service, and family size
- Servicemember's deployment history and security clearance level
Correct answer: Servicemember's pay grade, dependency status, and duty station zip code
BAH is determined by the servicemember's pay grade (rank), whether they have dependents, and the zip code of their permanent duty station.
Question 7: A military tenant has a 12-month lease and receives unaccompanied PCS orders (without family). What is a key consideration for the remaining household members?
- The remaining family automatically assumes the lease without any landlord involvement
- The servicemember's SCRA termination rights may still apply, but the family may need to negotiate separately to remain or vacate (Correct answer)
- The remaining family has no legal right to stay in the unit after the servicemember departs
- The landlord must provide free housing to the remaining family under DoD regulations
Correct answer: The servicemember's SCRA termination rights may still apply, but the family may need to negotiate separately to remain or vacate
SCRA rights apply to the servicemember's lease obligations; the remaining family's situation depends on lease terms and negotiation with the landlord, as SCRA does not automatically cover non-military family members.
MRP Tenant Relations & Leasing 3
What is the primary purpose of a military clause in a residential lease?