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Military Matters: Must-Know Information for Landlords Renting to Service Members in Hampton Roads

Military Matters: Must-Know Information for Landlords Renting to Service Members in Hampton Roads

There’s not just one military installation in the Hampton Roads area. There are several. 

This explains the large number of military tenants who are passing through our rental market on a regular basis. This area is home to Joint Base Langley-Eustis, Joint Expeditionary Base Little Creek-Fort Story, Naval Air Station Oceana (Dam Neck/Va Beach), Naval Medical Center Portsmouth, and Naval Station Norfolk. Tenants are in the Coast Guard and the Marine Corps. 

What does that mean for you and your rental property

We’re providing information to landlords who are renting to service members and their families in Hampton Roads. There are a few things you need to know, and a few situations you’ll have to prepare for.

At Doud Realty Services, we’re proud to work with military tenants and owners, and we have a lot of insight to provide on this topic that we hope will be helpful.


Military Tenants in Hampton Roads, VA Have Unique Needs

The first thing you need to know is that most of your military tenants are arriving from outside of the Hampton Roads area. 

This will impact the way you approach your marketing strategy and the listings that you post online and through social media. You’re attracting tenants who may rent your home based on pictures and videos in your listing. There may be a video tour instead of an in-person visit. 

Give your potential military tenants from outside of the area a good idea about what your property looks like. Discuss the lease in detail and provide an experience that’s as close to an in-person leasing process as possible.  

Military tenants are not strangers to relocation. They have likely been called upon to move with little notice throughout their entire careers. Provide resources and support. Talk about the unique features of your property when you’re marketing to these tenants, and make sure you discuss the neighborhood as well. Location will be especially important to military tenants who have children in school. They’ll want to know how far from the base they’re going to be, and whether your property is close to restaurants, shopping, and other conveniences. 

There may be more of a personal interaction required when you’re renting your property to military tenants from outside of the area. Be prepared for this, and approach it as an opportunity to build a positive and professional relationship with your tenants early.

Lease Flexibility for Military Tenants

The Servicemembers Civil Relief Act is a law that allows a military tenant to cancel their lease agreement early under the following circumstances: 

  • The tenant receives permanent change of station orders

  • The tenant receives temporary duty orders in excess of three months' duration

  • The tenant is discharged or released from active duty with the Armed Forces of the United States or from his full-time duty or technician status with the National Guard

  • The tenant is ordered to report to government-supplied quarters resulting in the forfeiture of basic allowance for quarters

  • The tenant has received a stop movement order in response to a local, national, or global emergency that is effective for an indefinite period or for a period of not less than 30 days and that prevents the service member from occupying the leased dwelling unit for a residential purpose.

No one likes to lose a tenant before the end of the lease term, but this is something you’ll have to prepare for when you have a member of the military moving into your property. There are plenty of protections in place for you, to ensure your rental income is not cut off without notice. 

Military tenants who qualify to terminate the rental agreement that was signed will provide you with a written notice of termination to be effective on a specific date at least 30 days after the first date on which the next rental payment is due. Prior to the termination date, the tenant will provide you with a copy of the official notification of the orders or a signed letter, confirming the orders, from the tenant's commanding officer.

Your tenant is still obligated to pay rent while residing in your property, and you can still charge the security deposit for any damages to the property that are left behind when they leave.

Rental Applications and Military Tenant Screening

Fair housing is essential when you’re screening any tenants. While military service and military members have not been included as a protected class in the federal fair housing laws, this is a protected class when we’re talking about Virginia state fair housing laws.  The law prohibits applying one standard to one class of individuals while applying a different standard to another class of individuals. So, you cannot require military applicants to have income or credit thresholds that you don’t require from other applicants.

While screening, you’re required to treat your military applicants fairly and consistently. Rental application rules and best practices are important when dealing with all potential tenants, including service members. Here are further details on this topic: 

  • Landlords should give fair and equal consideration to rental applications from military members. You cannot consider military service as a reason to deny an application. You aren’t allowed to make decisions solely based on their military status. 

  • Military members typically receive a steady income through their military pay, including Basic Allowance for Housing (BAH). Landlords are permitted to request documentation to verify the applicant’s income and ability to meet rent obligations. 

  • Military members may need to provide their military orders as part of the rental application process. These orders confirm their active-duty status, assignment location, and duration, which can help you verify the applicant’s eligibility and assess the potential duration of the tenancy. 

It’s always a good idea to conduct credit checks and background screenings as part of your standard application process, and you should hold your military applicants to the same standards as any other applicant. 

Effective communication with military applicants is crucial. Military members may have unique circumstances and may require flexibility regarding lease start dates, move-in dates, or other logistical considerations due to military obligations. Be prepared for this and willing to accommodate.

Evicting Military Tenants 

Military members have specific protections under the Servicemembers Civil Relief Act (SCRA), designed to safeguard them from financial and legal burdens while on active duty. This federal law provides military personnel with certain rights regarding housing, including protection from eviction under specific conditions. 

You still have the right to evict. But, here are some things to understand:

  • Eviction for Nonpayment of Rent

While the SCRA offers protection against eviction, military tenants are not exempt from paying rent. However, eviction cannot proceed without court approval if the tenant's monthly rent is below a certain threshold (as of 2024, the Department of Defense has put this threshold at $9,812.12).

  • Court Approval Required

If you intend to evict a military tenant, you must first obtain a court order. The tenant must be given notice of the eviction proceedings, and the court will consider whether the tenant's military service has affected their ability to pay rent.

  • Stay of Proceedings

The court can decide to delay the eviction process for 90 days or more if the tenant's military service materially affects their ability to meet the rental obligations.

Tips for Renting to Military Tenants in Hampton Roads

While renting to military tenants will require you to be a bit more flexible with lease agreements and may provide a sense of unpredictability to your lease term, you still have a lot to gain by attracting military tenants and their families. Here’s how to make sure your property appeals to tenants who are serving at one of the nearby bases:

  • Offer Military Discounts

Consider offering discounts or incentives to military tenants. This not only attracts more applicants but also shows appreciation for their service, enhancing your property's reputation within the military community.

  • Build Relationships with Local Bases

Establish connections with military housing offices. These offices often maintain lists of available rentals for the service members who are not interested in base housing, and they can refer potential tenants to your property.

  • Highlight Proximity and Amenities

When advertising your property, emphasize its proximity to military installations and amenities important to military families, such as schools, parks, and shopping centers.

Renting to military tenants in Hampton Roads can be especially rewarding for landlords who understand the unique aspects of military life and are willing to support the tenants who are serving our country in this way. By being flexible and knowledgeable about military-specific laws, landlords can attract reliable tenants and maintain positive relationships with the military community.

Rent to MilitaryWe would love to help you successfully rent out your property to military tenants. Whether it’s marketing or lease negotiations that you need help with, you can count on our expertise and knowledge. Please don’t hesitate to contact us at Doud Realty Services, Inc. We provide expert property management in Norfolk, Portsmouth, Hampton Roads, as well as surrounding areas such as Virginia Beach, Suffolk, Chesapeake, and Newport News. 

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