If a person currently have a lease but moving to the name city as their spouse (who's in the navy).........

Question

Can this person legally get out the lease? If yes, how?

If no, what are some other alternatives other than paying off the lease?

Is person was NOT transfered &
Is not seperated I.E SPOUSE

Just married and live in different states.

PLease Read the Question

both are on the lease

Answer 1

Yes you can get out of the lease. Under Title 50 of the Servicemen's Relief Act, a servicemember or servicemember's dependant can terminate a lease with a minimum 30 days notice. The act also provdies penalties to landlords, property managers, and complex managers who try to keep , with hold, or otherwise prevent servicemembers and their dependants from recovering personal property and security deposits. As long as the servicemember was in the military prior to the lease, it can be broken under this article. Do not fall for the myth that a military clause had to be written into the contract, that is 100% false. A military clause is always implied in any lease agreement and is upheld by federal law. If you have further questions, feel free to email me.

Answer 2

You didn't really list any pertinant details so first - what does your lease say? Some leases have a clause for military transfers and just require certain notice and proof of military transfer.

However - you didn't mention anything about "transfer". If you're just getting hitched or you've reconciled after a separation - it's a completely different matter. You must remember that your lease is a binding contract. Talk to your landlord. Perhaps you can help by finding someone to rent your apartment? (I'm not suggesting subletting... don't ever remain the lease holder and let someone else live there. You don't want to be responsible for his/her actions.) Many landlords can be more flexible if they know they will not have to advertise or lose rental income.

Answer 3

I do NOT think you are covered under The Soldiers and Sailors Relief Act. If you were married AND your husband was getting PCS orders to a new duty station you could break the lease without penalty, but as I understand it, you just want to join him where he's stationed. Give the Navy Legal Affairs Office or the Navy Family Service Center on the base where he's stationed or homeported a call and see what they say.

Have you discussed it with your landlord? Have you offered to stay until the landlord can find a new tenant?

In any case, check out the provisions of The Soldiers and Sailors Relief Act at the link below. Good luck, I did almost 22 years in the navy before I retired.

Answer 4

Yes you can get out of the lease. Your spouse is in the military under orders and if the orders took them to the other city you have a right to break the lease and go with him/her. Contact the nearest base commander or even a recruiters office. Your husbands command should have the info for you. Better yet if you have a copy of your husbands orders, copy them and send them to your landlord with a 30 day notice. I believe the law is called "The Soldiers and Sailors Relief Act"

Answer 5

IS your spouse on the lease? If so just get a copy of the orders assigning them to the new location and that should break your lease. If your spouse isn't on the lease, show them a copy of the orders anyways and ask them to cut you a break. If they won't, politely explain that you would really hate to call the local news station and tell them all about this apartment building that is trying to keep military families separated....

Answer 6

Your alternatives are, from best to worst:
1. Read the lease and see if it gives you an out.
2. Talk to the landlord and see if you can talk your way out of it. Often they'll be reasonable if treated like reasonable human beings. It's when you assume they are out to get you that they tend to get cranky.
3. Contact military personell to locate a (free) military lawyer that is willing and able to talk your way out of it
4. Get a civilian attorney if 3 is not an option to do the same thing.
5. Just leave, and hope the landlord doesn't sue or file the debt with the Credit Bureau.

Answer 7

Normally it can be broken my a military movement order, such as what you describe. Not all leases so state, but it is generally accepted that as long as 30-days notice is given with presentation of the orders to the landlord or leasing agent, the lease can be broken with no penalty.

Answer 8

If she and you're on the hire, then she is breaking the hire and be in charge for value of un paid factor.In courtroom, in all probability they're going to come to a determination if the unpaid factor is 50% or greater or much less. expenditures which includes gas, electric powered, telephone, etc. are a rely of whose call is on the unique order of provider. yet those can get replaced. Your better half in undemanding terms has to call the utility and recommend them that he/she now no longer lives there and which you're actually in charge. they're going to do away along with her call. And he/she would have the ability to purely be resposible for the expenditures as much as the time of the cancellation.

Answer 9

See if your lease has a military clause. If so, it should just be a matter of showing your orders.

Answer 10

check your contract... there's usually a Military clause at the bottom. Yes, you can get out of the rental agreement with proper documentation of his transfer and a 30 day notice (unless the orders indicate otherwise).