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my family just got approved for a house on post... if we don't take it now, we may have to wait another long time becuase we would have to go to the bottom of the waiting list again. I have 5 months left on my lease at my apartment, what do I do?

2006-08-23 12:39:43 · 36 answers · asked by braslinbabe85 2 in Business & Finance Renting & Real Estate

36 answers

If your apartment complex uses the military clause you just need to turn in your orders of military housing to them. If they don't use the military clause then they might have an amount for you to pay to get out of the lease.
Most apartment close to military installations use the military clause.

2006-08-23 12:48:31 · answer #1 · answered by Jose R 6 · 1 1

See if your lease has a military clause that includes moving in to MFH. If so, just follow the instructions there. While many leases have military clauses, not all of them allow you to break the lease just to move on post unless it is a mandatory move, i.e. certain senior command positions.

If you don't have a military clause that allows you to move into MFH then you'll need to discuss this with your landlord. Depending upon the local market he may or may not be willing to break the lease in exchange for a set amount, typically one month's rent.

If the landlord will not allow you to break the lease, you can do so on your own but must keep in mind that he can hold you liable for the remainder of the lease term. Common law requires the landlord to make a reasonable effort to place a new tenant and some communities do limit your lability to 2 months. Where the local community doesn't have an ordinance governing this, the courts typically hold to the 2 month standard. However local conditions can change that substantially especially if the rental market is soft. If your landlord has a lot of vacancies and has trouble placing tenants, plan on paying off the full term of the lease if you break it.

It's a very common misconception that GIs automatically get a free pass on this one. There is NO truth to that rumor! Your lease controls what you can do. Lacking anything in your lease you're down to the good graces of your landlord.

2006-08-23 14:01:29 · answer #2 · answered by Bostonian In MO 7 · 3 0

"You people are not reading the questions correctly". The "Asker" does not live in Military Housing at the moment. The "Asker" wants to "break the current lease" on the apartment,in order to move into Military Housing",before the least expires! (Anyway) You will have to pay the rent "in full",to keep from being sued,for "Breech of Contract". The Landlord does'nt care if you want to move,and he will want the 5 months of rent,that is actually owed to him. I'm thinking you can get friends,relatives,co-workers,or your boss,to help you raise enough money,to "payoff" the least. If someone else does move into the apartment after you leave,then you will stil owe the rent. If you decide to "make a dash" (move anyway,without letting the Landlord know),then you will definetly be sued,plus court cost.
I know this is all bad news,but it's the truth. Hopefully you will come up with a way,to raise the money to "pay off" the 5 months of rent.

2006-08-23 21:28:38 · answer #3 · answered by Squeakers 6 · 0 0

This just happened to me. I had a lease until the end of August, but I was moving to California and needed to leave at the end of June. I informed my rental company, and they told me I had to pay the rent for July and August up front. When they rented the apartment, they would give me my money back. Of course that never happened. I am in the process of suing them for my security deposit.

Whatever you do do not run out on the lease. Your credit will be severely affected. You will probably have to pay for the five months unless you can figure out a different break lease agreement.

2006-08-23 16:54:10 · answer #4 · answered by . 5 · 0 0

Just check your lease agreement - because no lease can be without the notice of vacating the house.

If the clause is there which is usually for 30 to 60 days before vacating the house. Then please give you landlord the notice for vacating the house or try to talk to him maybe he can understand.
In the country we stay this clause is always there. If one wants to leave without notice he or she will be giving one months extra rent as the notice rent and you leave the house.
I am sure you landlord has deposit as security for you house rent - tell him to keep that deposit if it is only for a month and tell him you are leaving.

There is no lease in any country which can force you to stay and pay for rent when you do not want to do so.

Do you have any lawyer - I think he can immediately tell what to do.
I don't see you case as such a big problem. Book the new house immediately.

2006-08-24 01:29:27 · answer #5 · answered by sweetangel 2 · 0 0

Somewhere on the Internet
is a legal site where you can
ask legal questions.
Did you sign a lease agreement?
Did you make a deposit?

I have been committed to lease
agreements before where
I could have walked right out
and they wouldn't have done
a thing, but I have been in the
kind, too that would take your
first born child and not think a
thing about it!! Have your
lease out and give all the
facts and they will tell you
what to do. good luck!

PS thanks for your commitment
to the country and your service
in the military! I do not stand
behind Bush, but I love and
respect all soldiers who are
so committed to the USA.

2006-08-23 15:43:10 · answer #6 · answered by NANCY K 6 · 0 0

I agree with bostonianinmo...my son is in the army, he went to his landlord which was a small corporation leasing apartment complex, they worked with him and his family just because he was in the military. However, the larger ones, the majority of the time won't budge an inch on their contracts. But I would do everything you can do to move right away. You have waited long enough and deserve to move there now. Thank you for your service in the military and God Bless.

2006-08-24 06:28:32 · answer #7 · answered by Anonymous · 0 0

Try to find a doctor that will write a note saying that you are allergic to the carpet pad. They cannot force you to stay or pay to break your lease if it is for a medical reason. I've had friends do this, but they were legitimately allergic to it.
Or you can just pay the penalty for breaking your lease early. You will probably also lose your deposit if you do that. Read your lease very carefully. I'm sure there is something in it about early evacuation.

2006-08-24 05:12:20 · answer #8 · answered by Anonymous · 0 0

i your family got approved for an house you and your family should take the house and not be on the bottom of the waiting list.if you and your family got 5 months left on the lease at your apartment take the house and don't leave anything in your apartment if you payed for it. jump on the house before its to late.........

2006-08-24 00:23:13 · answer #9 · answered by shanae d 1 · 0 0

Your lease should say something about what you need to do. Usually it's a 30 day notice but sometimes you have to find a tenant to take over your lease. Read your lease and see what it says or/and talk to your landlord and explain your situation. They'll usually work with you!

2006-08-23 17:29:57 · answer #10 · answered by Carolyn T 5 · 0 0

look at your lease and see if you can break it with a 30 day notice
on most leases you can .tell the landlord that your job or a family members job is going to take you away from the area and you are giving them 30 day written notice put it in writing and keep a copy so they can`t take you to court[mail it certified] and request a receipt [and your deposit returned.]

2006-08-23 14:06:11 · answer #11 · answered by alleykhad607 5 · 0 0

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