Does the military clause apply to contractors employed by the army who recieve orders from the government?

My husband (a former US Marine) recently became a contractor for the US Army. He recieved government or "military orders" to work overseas in Iraq/Afganistan. Now our apartments are saying that his orders don't apply. However Section 535 of the "Servicemembers Civil relief act" doesn't ever state "active duty military", it simply states service memeber or individual in support of military operation. Is this a loop hole that can work to my benifit?Does the military clause apply to contractors employed by the army who recieve orders from the government?It could be, not really sure. If I were you I would call the nearest JAG office and ask, so that you get a definite answer.Does the military clause apply to contractors employed by the army who recieve orders from the government?
i had to look it up to be sure, but in the section that you stated it very clearly states "servicemember"



This section applies to the following leases:

(1) Leases of premises

A lease of premises occupied, or intended to be occupied, by a servicemember or a

servicemember's dependents for a residential, professional, business, agricultural, or

similar purpose if--

(A) the lease is executed by or on behalf of a person who thereafter and

during the term of the lease enters military service; or

(B) the servicemember, while in military service, executes the lease and

thereafter receives military orders for a permanent change of station or to

deploy with a military unit or as an individual in support of a military operation

for a period of not less than 90 days.



doesnt look good for the home team if you ask meDoes the military clause apply to contractors employed by the army who recieve orders from the government?Soldiers and Sailors civil relief act covers only those an active duty serving in the Armed Forces. The military clause doesn't leagally apply to civillians, no matter who or what they work forDoes the military clause apply to contractors employed by the army who recieve orders from the government?
The section that says "service member or individual in support of military operations" is meant for active duty military service members and civil service (GS, GG, etc). It does not apply to contractors as they are civilians and actually work for a private company contracted to the government...hence the term "contractor". The orders he received allows him to receive certain military benefits such a transportation, draw protective equipment, lodging, etc. on military facilities while in the performance of his contract. It does not allow him to break a lease or any other military benefits. He is still a civilian and NOT a government employee.Does the military clause apply to contractors employed by the army who recieve orders from the government?That's a good question.



I did some research... I believe he has to be called into service against his will. In other words...drafted. As a contractor he can quit his job. Therefore, he has no legal standing to break a lease. I believe the key word is service member. Service member is defined by the SCRA as active duty or someone called to duty against their will. IE...drafted or activated if you're a reservist.



You can always break the lease then take them to court if they ran it on your credit. But I believe they would win that case.