My husband is in the military and we have orders to move me there with him. My landlord is not letting me out of my lease because of this. Is this correct or is he supposed to let me out of my lease. Thanks.
2007-05-31 18:50:43 · 7 answers · asked by justwantingtoknow 2 in Politics & Government ➔ Military
It depends on the situation. If your husbands name is not on the lease then the landlord does not have to let you out of the lease. If it is on the lease then he should let you out of it. If not you should go and talk to JAG about it and they can help you out?
2007-05-31 19:00:07 · answer #1 · answered by Woodu lik2no 2 · 2⤊ 0⤋
This is probably best settled with your state law rather than military lawyers.
Most states have very specific laws governing leases which includes reasons that would release you from it. Take a look into it and if it doesn't give you a specific out on the grounds above (or having to leave the area) then it will probably give you another reason that an unreasonable landlord like him would have already provided you.
There's also the media approach if the legal approach doesn't work. A landlord would look bad in the media keeping a soldiers wife away from him while he were stateside.
2007-06-01 02:44:36 · answer #2 · answered by John T 6 · 0⤊ 0⤋
Military people living off their installation are usually in towns that are used to the unique situation of deployment being possible at a moment's notice and so have landlords who include a clause stating that in such an event the lease can be broken without penalty. It's a little hard to answer your question specifically without more facts. What do you mean by "orders to move me there with him"? Orders from whom to do what exactly? I don't recall any incident of married personnel being ordered to military housing during my active duty years, though most of the enlisted did move in there for economic reasons. So, where is "there"? Into military housing? To another state and another installation?
If you just married, or if your husband just joined the military, and you don't have such a clause in your lease, the landlord is under no obligation to let you break the lease.
2007-06-01 02:18:53 · answer #3 · answered by Windrider 2 · 1⤊ 0⤋
Your Landlord has no say in the matter whatsoever, You go with your husband, if the Landlord tries to collect rent, he will have no leg to stand on , since your Husband is in the Military, and your are his wife, you have to move, and that is beyond your control. Even if his lease states otherwise, Please contact your husbands First Sergeant or Commander about this issue, they will direct you to on base/post assistance in helping you get the point across to the landlord. his lease is illegal, just because he typed it up to say what he wants and try and bind people to it, does not make it legal in a court of law. Don't sweat it, and do not let them bully you, give him as much notification as you can in writing, and keep a copy, send along a copy of the Orders, and forget about getting a deposit back, but do not pay any lease breaking early fees, the Landlord can not bind you to the contract due to your having to move because of the military.
2007-06-01 09:45:52 · answer #4 · answered by edjdonnell 5 · 0⤊ 1⤋
Check with JAG (SJA), but I'm pretty sure that if your husband's name is on the lease, he has to let you out of it. There may/may not have been a military clause in the lease, check for that. If it's there, he has no choice, whether your husband's name is on the lease or not. As long as you can prove your married, and are moving at the request of the military, you should be good to go.
If you can't check with JAG, have your husband do it.
2007-06-01 04:27:55 · answer #5 · answered by My world 6 · 0⤊ 0⤋
if your spouses name is NOT on the lease, then no, he doesn't have to let you out of it.
If it is, but there is no Military clause, then no, he doesn't have to let you out of it.
If there is a MC, but you are moving less than 50 miles away, he doesn't have to let you out of it.
tecnically, USERRA only covers the military memnber, NOT the spouse. solegally, landlords only have tolet the servciuemember out of alease. Most, however, are reasonable people and will let spouses go without penalty.
2007-06-01 07:11:56 · answer #6 · answered by Mrsjvb 7 · 1⤊ 0⤋
check and see if you have a military clause in the lease, if not, feel free to consult your judge advocate general.
it's a half and half situation. you're both right.
-Petty Officer Grieco
2007-06-01 06:36:58 · answer #7 · answered by Patrick G 2 · 0⤊ 0⤋