Does your lanlord have to let you out of the lease if you are getting out of the military?

Question

My husband hurt his foot 5 years ago and has had 4 surgeries on it. The military says he will never be able to run again and they may MED him out (medical discharge). And if he doesn't MED him he ETS's December. Our Property Managers (Merit Co.) is saying that we still have to ride out our lease, but my husband is the soul money bearer in the family. We can't afford to stay here also because we would go back to his home of record (oklahoma) Is there anything we can do about this? Where is the support for military these days?

We did have a military clause that says if we PCS or if he deploys we can get out of it...We have went to JAG and they say there isnt anything we can do. While my husband signed the lease he asked the Property Manager if they would let him out if he got MED out or ETS, she was recorded but they are backing out. My husband is one of those men that thinks when a person says something that is the truth. Unfortunatly there are very few people like that.

Answer 1

In either case, if you husband is MEB (Medical Evaluation Board) out or separates at ETS. He will be given separation orders.
Since you will be moving to your home of record, this is considered a PCS move. All lease contracts have a clause allowing you to break the lease with government orders.
Don't sweat it, if they don't like it. They are not about to force the issue, they would loose to much business if word got around that they were treating GIs in this manner.

Answer 2

Geeeeesh, I can't believe all the "barracks lawyers" in here!
You don't need the "military clause" all these people are talking about. Its called Federal Law.....look into it!
Your husband being discharged from the service IS a PCS move back to his home of record. No matter where you are, he will recieve travel and moving benifits back to the place where he joined the service at.
I live in a military town and hear of this all the time from the property managers! "They know not of what they speak", they are just trying to scare you into staying, or paying them the cash that you would have paid if you stayed in the rental place. They will say anything at all just to frighten you.
Do some online research of the Soliders/Sailors Relief Act, print off the areas that apply to your situation.....and good luck! Oh, I went back and re-read some of the other responses....they should not respond with legal advice UNLESS they have attended law school! When your husband is discharged medically, he will STILL be part of the U.S. Armed Forces! Most likely be medically retired, which means he is Still part of the military.
And this garbage of
"if there is no escape clause", oh please! No one, no company can contract to do an illegal thing! Federal law overides any rental contract some yahoo comes up with.
Stand your ground, tell them YOU will bring the law down on their heads, and ask the JAG office to place this company on the base's "off limits" list. Go see a JAG officer with your concern, you'll see that I'm right.
And if all else fails....whats the worse they can do to you? Keep your deposit? They will do that anyway even if you stay the entire lease......ruin your credit? Don't think so, one hit from a fly-by-night property company won't do a thing to your credit, besides, you can always add a statement to your credit report of Federal Law, explaining military transfer orders.

Answer 3

I'm afraid your best bet is to research what it takes to break a lease in the state you're living in. If the property management company is going to be sticklers about it, it sounds like they will be allowed to hold you to the lease legally.

You may want to go to your housing office. They should have information on state laws for renting. They also may be able to take a complaint if the company won't work with you. That might not help you but it could help other military members in the future from getting caught by the same company.

I'm sorry this is happening to you but thanks for the heads up. I always would have assumed that getting out and returning to your home of record would count under the standard military clause.

Answer 4

I know most landlords do have a military clause in their leases. But, I am not sure if that is only limited to a move associated with a deployment or PCS. I would say your situation is kinda grey area, if he is getting a med sep then he no longer is in the military and would no longer be able to act under that clause. That is just my thinking. I would contact base legal and see what they say. I used it once, but it was for a PCS move.

Answer 5

The only time that a company has to let you out of a lease is when you deploy or PCS. Getting out of the military doesn't count.
I would go to the CO or base legal and ask them to write a nicely worded letter to Merit Co manager and see if they can get something done that way.

Answer 6

No, they can't force you to honor your lease in that kind of a situation. Military orders, discharge and deployments are all valid reasons to break a lease early. You can contact the legal office on base for help if you need to. But, legally, the property will have to let you go. If they try to charge you anyways, go back to the legal office for more help.

Answer 7

Many rental contract have what is known as a Military Clause that will allow you to leave your contract before it is mature due the PCS or ETS. Check your records and hope that you have one. Otherwise, most renters are willing to make an exception due to circumstances surrounding soldiers.

In your case, though, please finely read your contract and have your husband take it to his JAG and have them review it and make suggestions to terminate the lease.

Answer 8

if you do not have a standard military clause, then , no the landlord is not obligated to let you out of the lease early without penalty.

additionally, depending on how the clause is worded, ETS or retirement might not do it either. many only say for PCS orders more than 50 miles away.

Answer 9

Show your landlord your transfer paperwork, he can not make you ride out your lease. There is nothing he can do to you, if he continues to be difficult to get along with just put his name on the black ball list at your housing office on base. Good luck

Answer 10

wow sounds like you signed a lease with out a "moving escape clause"
We did that once too fortunately the company bought it out.
Well don't know where you are but good luck dear!