My husband is in the Army. We are currently residing in Georgia. If he is not on my lease, but the apartment has a military clause, am I allowed to get out of my lease.
2007-07-23 23:27:55 · 2 answers · asked by justwantingtoknow 2 in Business & Finance ➔ Renting & Real Estate
Legally and technically, no. Military clauses are written into leases for members of the military, which you are not.
You are advised to speak to management and explain your situation. If the management truly desires to honor the intent of the military clause, they will work with you and allow early termination due to your husband's transfer. However, you would have a tough time in a court of law winning, since the only member of the military in your family is not on the lease contract.
2007-07-24 00:35:45 · answer #1 · answered by acermill 7 · 2⤊ 0⤋
acermill is basically correct, however a few states have stepped in and have extended the protections of a military clause and some of the protections of the Soldiers and Sailors Civil Relief Act to family members even if the military member is not on the lease or other protected contracts. I believe that both VA and TX have done so.
Your best first stop would be the Installation Housing Office where he's assigned. They can advise you of local laws and may also be able to successfully intervene on your behalf with the landlord if the landlord is not being cooperative.
2007-07-24 09:20:20 · answer #2 · answered by Bostonian In MO 7 · 0⤊ 0⤋