Do apartment/rental housing agency's have the right to request copies of military orders for breaking a lease?

Question

My husband received assignment somewhere else and so we had to break our lease early, and the apartment / rental company that leases the property said they needed to have a copy of my husband's orders and that he could not just show them to the management.

Is this legal?

Answer 1

Not only legal but usually required in the lease. It's the only way the property owner has of knowing that you just didn't decide you want to break the lease and are making it all up.

Of course, some people are known to just scan a copy of some orders and make changes in photoshop so that they can trick a landlord. Not very nice but it happens.

If you want a good rental reference when you move to the next place, it's a good idea to cooperate fully with whatever (within reason) that they need.

Answer 2

2

Answer 3

Yes it is. You don't mention if you had a military clause in your lease (lets you break the lease if you are given orders to a new base without the financial penalties you would be hit with otherwise), but it is always a must for military members. In any case, weather you have it or not, the landlord has a right to proof of the move (the reason you are breaking the lease) and to keep proof of it for legal purposes.

Answer 4

Few things: 1. many states that have services bases have statute that will over ride any lease provision that will allow you to break the lease w/o penalty once you have the orders to move, he should check with the base JAG office 2. even if no statute, the landlord under state statute will require each party to the lease to mitigate their damage, which means the landlord can not just sit on his hands and do nothing with the rental and expect you to pay the rest, the landlord has to mitigate his damage and in good faith try and re-rent the unit, it his legal burden to show he acted in good Faith if the landlord tries to collect future rent now you would be responsible for the rent and advertising cost unit its rented Beware sometimes poster on this will post that their state does not require a all parties to mitigate the damage from a residential lease agreement, that is completely false for residential

Answer 5

Not sure about the Orders part. But you have to prove that your husband has been assigned to another Post. Maybe his CO can write an letter.
Btw, breaking a lease could result in a Lawsuit, be careful. Since you guys are in the Millitary they could win and have the Judgement taken out of his Pay.

Answer 6

It is legal. Most places also require a written notice 30 days in advance along with the orders. That way you won't get charged for breaking a lease early. Naturally you can blot out sensitive information like social security numbers. If in doubt visit the base legal office.

Answer 7

Some places are nice enough to have a PCS clause that lets military members break the lease with no penalties.

You'd be better off giving them a copy. Not really a big deal as they already have all his information.

Answer 8

Yes. You entered into a legal binding contract with the leasing company, and they are being nice by giving you an opt out without penalty, and all you have to do is give them a copy of a legal document.... and you complain?

Answer 9

Yes, how else can you break your lease saying we have orders? you have to provide a copy to housing office if you live in post housing why would off post housing be different?
Gotta prove you are moving... sorry

Long as you have a military clause you will be fine and give them a copy of his orders.

ANG Soldier &Armywife

Answer 10

Yep. Many leases spell this out. What's the problem with giving them a copy?