Lease never signed..how much notice needed (Military Clause?)?

Question

Since I obviously make a stupid mistake to start out with by not having an official signed lease, I wanted to let you guys help me out on this situation:
My husband has orders(military) and we need to leave in LESS than 30 days..we haven't given notice yet. There's a military clause in my lease copy (never signed this because they had some other property w/different name on it, and just never rec'd a correct copy from landlord).
So, what rules do I follow in regards to the proper notice necessary since no lease was signed, and this is for military reasons? I'm in Texas.

Answer 1

If you have possession of the property and no signed lease you are a month-to-month tenant. You only need to give 30 days notice (spanning a full rental period) in order to leave. If you gave notice today it would be effective on 1 Oct 07.

If you had a lease with a military clause then the lease terms would apply. If you had a lease with no military clause then state law would apply. A few states do impute a military clause where one does not exist -- NY does, but TX does not -- and state law will trump a lease every time.

It s a common misconception among military personnel that they have an "automatic" military clause or that their status confers additional rights above and beyond what their lease stipulates. This is normally NOT the case. There is no Federal law that gives them any additional rights to break a lease or rental agreement. As noted above, SOME states to provide additional protections for military personnel but this is NOT universally so.

Answer 2

Give your notice, and pay the 30 day notice, even if you aren't staying there 30 days. That is all the rights you get.

A military clause doesn't leave the landlord short on rent...it just states that you have the right to break the lease without "breaking lease" penalties..but it doesn't give you the right to leave in the dead of the night and short-change the landlord.

The military clause doesn't apply in your case because you never signed the lease.

Since you didn't sign it, then you are on a month-to-month tenancy, and those rules apply. Remind the landlord of that if he starts to throw a fit.

Even if you HAD signed the lease...the military clause most likely, would have you pay more...so you are actually in a pretty good position.

30 days...that is what you owe. BE SURE you do it in writing via certified mail with return receipt.

Answer 3

DOD orders civilian or military typically override contracts entered unless services can be offered in the area you are moving to. You must let your landlord know as soon as possible. Also take a trip to the county court house and look up leaser lessee laws for your state in the state statutes. These laws may help you as well, some states give instructions on time-limits that tenants have to follow.

I know that orders to another location usually overrides these contracts, because I would have to move a lot and there are a lot of apartment leases and cell phone contracts that were immediately eliminated. If they give you any trouble when you present transit orders from the DOD; go to your base and talk to a military legal advisor.

Answer 4

i donot know