Can you legally break a lease when you are discharged from the military?

Question

Ok, so my husband and I rented out this house last October we paid a security deposit of $1580 and we have never been late on payments. My husband was discharged June 12, 2007 on disability from the Air force. We told our landlord that we wanted to relocate to Bristow Virginia which is about 60 miles away from where we are currently. She said ok and that she wouldn't charge us the remainder of the months but that she would have to keep our security deposit for breaking the lease. At the time we assumed this was fair. Then while cleaning some stuff we accidentally broke a door in the basement and told her about it. She then asked if we were going to fix it. Shouldn't she be using the security deposit money that she is keeping from us to fix that?

So the question now is, should we just get the door fixed and tell her that we should be able to get our security deposit back in full?????

I'm not sure if my husband was legally qualified to get our full deposit back?

Answer 1

That will depend upon the military clause in your lease, assuming that you have a military clause. Many leases do have military clauses but it's not automatic. A few states grant a de jure military clause even if it isn't written into the lease; NY is one such state.

With 21 years in the military I frequently saw 2 common types. One simply required 30 days notice to break the lease with no penalty. The other common clause required 30 days notice AND a one month penalty.

If your lease doesn't have a military clause then the landlord was more than reasonable in letting you off for your security deposit. You still have to fix the door that you broke. That's on top of the loss of the security deposit.

Answer 2

A military clause would not apply in your case because the military is not relocating your husband...this is a choice you are making between yourselves.

I wouldn't look a gift horse in the mouth. Your landlord is totally correct, and your previous military status no longer applies because your husband has been discharged.

Please understand, that your landlord is not trying to be greedy....landlords often have mortgages and he or she has to go to the expense of getting the property ready again, finding a tenant, and could possibly lose a month or two in rent in the process.

I would ask the landlord to get an estimate to fix the door, let her keep the security deposit, and be thankful she isn't charging you for the remainder of the lease.

Answer 3

Have your husband check with the housing unit on base, they usually have someone there that is familiar with the laws in that area, or check with legal services, I found this link for free legal aid in Virginia. I don't believe they can hold it, what if he was relocated, then you would be expected to pay the whole year and lose your deposit, I think you are getting screwed.

www.valegalaid.org/VA/index.cfm