My landlord says I can't break my lease even though I'm in the military?

Question

I'm getting ready to come back to america from overseas and my wife says that she can't break the lease with our landlord, so she'll have to stay in Ohio while I go to Georgia for more military duty. Is the landlord right? If not what can I show him that he can't refute this.

I'm wanting the answer over the weekend, and all the offices that I could go to find the answer to this Q are closed

Thanks for any help

what I was wanting to know is, if there is a clause for military members

Going to Ft. Stewart

Answer 1

oh yea the landlord is right im a military wife and when my husband was in afganistan and i just moved to hawaii, i was living in ewa beach or 2 months and i had a year lease and my husband wanted to live on base instead bc it would be faster for him to go to work and he will be able to come home for lunch so i went to jag and they said worldwide if your military you are able to break the lease and you dont have to pay nothing.so if anyone trys to say in the future no you cant just call jag, bc buddy you can... i love the military

Answer 2

Howdy, The first thing to do is carefully read your lease. Not browse it, read and understand every sentence. Is there any clause about moving so many miles away ? The soldiers and sailors act only seems to cover someone who had a lease then joined the military, not someone who was in the military. My first few jobs I had a leases where I could break them with a two month penalty. Since I knew I might have to move I had to have something like that. That might help you in the next lease. I think it may be a matter of negotiating a deal. If you wife stays for 2 months and you pay a 1 or 2 month penalty, will he let you out of the lease? You can say, hey I will move today and you will get nothing, which may or may not be true. Also I would have an attorney write him a letter with a proposal.
I would not sublease unless you really really know the person. You will be responsible for the rent and damages. Good Luck

Answer 3

"A Military Clause Is A Must In Your Lease


Time for yet another military move? If you plan to live off post, be sure that you thoroughly read your lease. We all know the military is famous for unexpected orders, whether it be for PCS or TDY. With a normal lease, your landlord is under no obligation to let you break your lease just because you have received new orders.

When you enter into a lease agreement, be sure your lease has a military clause in it. This clause differs from state to state but generally allows you to break your lease under certain conditions because you or your spouse are in the military.

Typical clauses allow you to terminate your lease without penalty if any of the following occur:

1 – The soldier receives a temporary duty assignment outside of the area for 60 days or more

2 – The soldier separates from the military

3 – The soldier is killed in action or missing in action

4 – The soldier receives orders for a permanent change of station

Some apartments or landlords will let you add a clause that allows you to break the lease if you are offered military housing but this is uncommon.

Be sure that the military clause covers everyone who signs the lease. Some couples have run into problems when the apartment complex only lets the military person out of the lease and would not let the military spouse out of it. Be sure it is explicitly stated that the entire lease is cancelled and not just that the military service person is covered by the clause.

The housing office can help you with this if you are unsure of the wording of your lease. Do NOT sign without this clause. You never know when the military may decide to move you and you do not want to be stuck with monstrous fees if you have to move. Also, if your spouse is deployed, this clause allows you to break the lease and move back home if you would like.

Be advised that in many cases there are certain stipulations such as giving at least a 30 days written notice. The military clause does not exempt you from giving this notice. It simply aids you in avoiding penalties normally associated with breaking a lease such as fees or paying the rent for the remainder of the lease term.

Be smart and do your homework when signing any lease!"

Answer 4

THE BIGEST QUESTION YOU FORGOT TO TELL US IS... Are you and your wife on the lease? If you are both on the lease it maybe easy for you not to have an obligation, BUT your wife does not have orders, an obligation to the Military. This is from personal experience from living in Columbus GA and having the same problem. We still owe that appartment complex because the Military would only move us (my family) once so it was either take all the furniture and move it for free or leave it for my spouse and have to pay. Go see your comander (go through the chain of cammand and ask to speak with your captain/commander) ask them to make a phone call to the landlord (may actually do alot of good) to help settle this situation. Other than that, don't know what state renting in but do a google search for- your states renters rights.

Answer 5

Unfortunately, Ohio's landlord/tenant statutes do not contain a clause allowing military personnel to break a lease. If the lease itself does not contain this language, you might be out of luck. Perhaps a letter from your commanding officer about the reassignment and your reassignment paperwork can change his mind. But he is under no obligation to allow you to break your lease without penalty.

Answer 6

Depending on your state and what your lease says....you should have the milatary clause, but, some management companies hold the spouse responsible. I work at a property management company in Ft Hood, Texas, we personally do not make the spouse carry out the lease term, but some companies do, you really need to read your lease. Should you have any other compalints, there should be a state run Real Estate Commission you could go to, in Texas we have The Texas Real Estate Commission (TREC). Good luck and God Bless!

Answer 7

Find the nearest military base and hit the JAG office up. Tell them the situation. They will be able to write a letter for you to take to your landlord explaining to him a section of the military that is allowed to move and break a lease when rders are issued. Dependents are considered under orders at the same time a sponsor is ordered away.

This has nothing to do with local or state law, it has everything to do with federal law and how Servicemen and women are treated under the Sailors,Soldiers and Airman Relief act or something like that.

I hope this has been of some use to you, good luck.

"FIGHT ON'

Answer 8

Check your rental agreement. I used to rent in Virginia Beach, where a large percentage of rentors are Navy. All my agreements had military transfer language specifically in the contract, but that may be because of the area. Never rented outside the area, so I don't know if that's the norm or not.

I don't think there's any specific legislature that says military can break leases without penalty if they transfer, so if it's not in your contract, you're up the creek if your landlord wants to enforce any penalties for breaking the lease.

Answer 9

Every state is different...but in the state I live in, if you've got a lease- then you are bound to it. If you break it for whatever reason, it is up to the landlord whether or not to hold you responsible...the only thing he can do is sue you for the rent on the remaining lease...but- if he is able to rent the property again then he can't charge you for that- because he legally cannot collect double rent on a property..example- if you move out and you've got 3 months left on your lease- if he rents the property again within that 3 months...then legally he cannot make you pay the remaining rent...if he does not rent it again...then legally he CAN make you pay for the remaining 3 months....hope this helps...sorry it was so long...I wasn't sure how to explain it...if you have any questions you can email me...

Answer 10

I just googled "Georgia & Landlord/tenant laws.....there is a section 44-7-37 that states.

"Notwithstanding any other provision of this chapter, if a person is on active duty with the United States military and enters into a residential lease of property for occupancy by that person or that person´s immediate family and subsequently receives permanent change of station orders or temporary duty orders for a period in excess of three months, any liability of the person for rent under the lease may not exceed:

(1) Thirty days´ rent after written notice and proof of the assignment are given to the landlord; and
(2) The cost of repairing damage to the premises caused by an act or omission of the tenant.


You just need to give your landlord written 30 day notice & prorate any rent that falls into the next month......and give him a copy of the law.......

Be sure to provide an self-addressed stamped envelope for your deposit.....and demand an exit walk thru and mail a letter to him that day that he has X amount of days (pursuant to Georgia law) to return your deposit......and summarize the results of the exit walk thru...

good luck. the law is on YOUR SIDE

Answer 11

take a copy of your order to the landlord explain to them that your new duty station is in georgia, and that your spouse is going with you, they can't hold her or you to the lease. How do they expect someone to be in georgia, and leave their spouse in ohio, if they don't see it your way contact someone from legal at your command they should be able to help. But usuallly a copy of orders saying your new station should work. good luck, i am a twenty year retired military veteran.