If I have orders to a military base that is only 50miles away, would I be able to break my lease?

Answer 1

I don't want to confuse any body with facts but;

Whether it is written into the lease or not "US Code Title 50a, of the service members act Title III" states


§ 535. Termination of residential or motor vehicle leases

(a) Termination by lessee
(1) In general
The lessee on a lease described in subsection (b) may, at the lessee’s option, terminate the lease at any time after—
(A) the lessee’s entry into military service; or
(B) the date of the lessee’s military orders described in paragraph (1)(B) or (2)(B) of subsection (b), as the case may be.
(2) Joint leases
A lessee’s termination of a lease pursuant to this subsection shall terminate any obligation a dependent of the lessee may have under the lease.
(b) Covered leases
This section applies to the following leases:
(1) Leases of premises
A lease of premises occupied, or intended to be occupied, by a servicemember or a servicemember’s dependents for a residential, professional, business, agricultural, or similar purpose if—
(A) the lease is executed by or on behalf of a person who thereafter and during the term of the lease enters military service; or
(B) the servicemember, while in military service, executes the lease and thereafter receives military orders for a permanent change of station or to deploy with a military unit, or as an individual in support of a military operation, for a period of not less than 90 days.
(2) Leases of motor vehicles
A lease of a motor vehicle used, or intended to be used, by a servicemember or a servicemember’s dependents for personal or business transportation if—
(A) the lease is executed by or on behalf of a person who thereafter and during the term of the lease enters military service under a call or order specifying a period of not less than 180 days (or who enters military service under a call or order specifying a period of 180 days or less and who, without a break in service, receives orders extending the period of military service to a period of not less than 180 days); or
(B) the servicemember, while in military service, executes the lease and thereafter receives military orders—
(i) for a change of permanent station—
(I) from a location in the continental United States to a location outside the continental United States; or
(II) from a location in a State outside the continental United States to any location outside that State; or
(ii) to deploy with a military unit, or as an individual in support of a military operation, for a period of not less than 180 days.
(c) Manner of termination
(1) In general
Termination of a lease under subsection (a) is made—
(A) by delivery by the lessee of written notice of such termination, and a copy of the servicemember’s military orders, to the lessor (or the lessor’s grantee), or to the lessor’s agent (or the agent’s grantee); and
(B) in the case of a lease of a motor vehicle, by return of the motor vehicle by the lessee to the lessor (or the lessor’s grantee), or to the lessor’s agent (or the agent’s grantee), not later than 15 days after the date of the delivery of written notice under subparagraph (A).
(2) Delivery of notice
Delivery of notice under paragraph (1)(A) may be accomplished—
(A) by hand delivery;
(B) by private business carrier; or
(C) by placing the written notice in an envelope with sufficient postage and with return receipt requested, and addressed as designated by the lessor (or the lessor’s grantee) or to the lessor’s agent (or the agent’s grantee), and depositing the written notice in the United States mails.
(d) Effective date of lease termination
(1) Lease of premises
In the case of a lease described in subsection (b)(1) that provides for monthly payment of rent, termination of the lease under subsection (a) is effective 30 days after the first date on which the next rental payment is due and payable after the date on which the notice under subsection (c) is delivered. In the case of any other lease described in subsection (b)(1), termination of the lease under subsection (a) is effective on the last day of the month following the month in which the notice is delivered.

http://www.law.cornell.edu/uscode/html/uscode50a/usc_sec_50a_00000535----000-.html

Answer 2

People in the military have special rights when it comes to civilian contracts, so your landlord is looking for trouble. RIGHT TO TERMINATE A LEASE EARLY In general, Under Section 535 of the Service Member Civil Relief Act, a military member has the right to terminate a lease, if, after signing the lease: the tenant enters military service (which includes a reservist being called to active duty); or the tenant signs the lease while in military service, and then receives military orders for a PCS move, or to deploy, or as an individual in support of a military operation, with a military unit for a period of not less than 90 days. Your local base housing office should be able to provide you a form containing the clause or even a form contract you may be able to provide to your landlord. Many housing offices work with local off base landlords. The Landlord cannot sue the non-military member who signed the lease for performance under the lease agreement.

Answer 3

Yes, as long as u have orders that are away from the area all u have to do is take them a copy. Usually it has to be w/in a certain mile/time period radius (as in u can't say the base is 5 miles away) but I'm pretty sure it's 50 or 60 miles, just like they use for determining your TriCare status. Some places though, it doesn't matter as long as it's not in the same city. I would just take my orders in and tell them u need to terminate your lease due to PCS. They probably won't even worry about how far it is as long as it's not where u are.

Answer 4

Most apartment managers would allow someone out of a lease, if they joined the military.

But you have no " right " to get out of a lease, just because you enlisted.

Most apartment complex's around military bases have PCS clauses written into the leases.

Answer 5

I am in property management and I would allow military with a 30 day notice break their lease without penalty. You would provide the orders and that's it. I work for a company-150 properties the own/publically in CA,WA,and OR. I would assume they would do the same.

Answer 6

Yes, because the updated Service members Civil relief act (formerly the Soliders and Sailors Relief Act) provides many protections for a service member under orders you would be allowed to break your lease provided you gave them at least 30 days writtwn notice and/or notice of a short notice PCS.
Check this link for more info: https://www.jagcnet.army.mil/JAGCNETInternet/Homepages/AC/Legal%20Assistance%20Home%20Page.nsf/0/0806a532899687ce852568a800531506?OpenDocument .

Answer 7

50 miles usually is the milage limit, so as long as you have a military clause and present a hard copy of the orders, you should be fine.