What exactly do I need to give my apartments so that I can use the military clause?

Question

My husband is stationed in san diego and I have a lease agreement in here in houston. I was just wonder what papers do I give them so that my credit doesnt get messed up by breaking the lease...

I know that I have to get his orders.. I'm like super new to this, and hes on deployment. who do i go to get them???

I am moving to san diego cause my job transfer is going through and i have until the begining of oct. to take it.

ok so i think i have it covered.. He is on the lease, I do have a POA, and we do have the clause in our lease :-D everything looks good.

Answer 1

You can contact his company and ask for orders to be sent to you if you have POA. I have spouses calling me all the time asking for their husband's deployment orders. I refer them to the Rear D commander and he gives them a copy of the orders sometimes without POA.

Here are some websites I found:
http://www.marriedtothearmy.com/army_moving_militaryclause.htm
http://www.rentlaw.com/military/clause.htm
http://usmilitary.about.com/library/milinfo/sscra/blchap4-5.htm
http://www.uscg.mil/legal/la/topics/real_estate/military_clause.html
http://www.jag.navy.mil/documents/Military_Clauses.pdf

Most all, talk to your landlord if you don't have a military clause in your lease and try to explain the situation, he might be pretty okay and let you out of your lease early.

good luck

Answer 2

To use a military clause

1.) You have to have had the clause written into your contract at the time you signed the Lease.

2.) Your husbands name has to be on the lease.

3.) Your Husband has to have pcs'd to San Diego after he signed your lease in Houston.

4.) He needs to present proof ie. PCS orders to the lease holder to get out of the current lease.

These things are in order of precedence. If you don't meet those requirements (and Im guessing you dont because I dont know of any Naval Station in Houston) then you are SOL. I would talk to you lease holder and just see if he will let you out under special circumstances. Best of luck to you.


EDIT:

If he is gone then you can not get a copy of his orders, he will have to get them and then send them to you. Orders are for Military personnel only and are not handed out to spouses for any reason.

Answer 3

To use the military clause you would have to have the clause in your lease, your husband's name would need to be on the lease and you will need a copy of his orders stationing him in San Diego (which unless you have a power of attorney, only he has access to). If any of those things are absent, you can't use the military clause and your only option will be to break the lease.

Answer 4

If your husband does not live with you in houston, and you are moving because of a new job it might be difficult to make the soldiers and sailors relief act work for you. If his name is on the lease though you simply need a copy of his orders...

Answer 5

Ok, here is the skinny on what you need to do. Your husband needs to get you a copy of his orders, that should be easy because he should have copies at hand. Next you need to provide the apartment/home owner, a written request to vacate along with a copy of the military orders (minus his SSN). This satisfies the Service Members Relief Act of 2004. If in doubt go visit the JAG, they will get you all you need to know.

Answer 6

a copy of his orders to where he is stationed look through your lease agreement to ensure that they do have the military clause

Answer 7

If he is deployed. Speak to the Judge Advocates office about the Soldiers and Sailors Relief Act. I use to be the SSRA specialist for Discover Card. Unless they have changed the federal law, They can't touch your credit and they can't charge more than 6% on any loan that he had before being deployed. I haven't worked with this for 12 years so check with JA and they should have the answers for any current changes. If it works out for you, you will love this Act, that no one seems to mention to the troops. Hope it works out for you. If he is not deployed they still should be able to help you with any law questions.

Answer 8

Just a copy of your husbands orders and if they make a fuss you can bring a copy of the new "soldiers and sailors act", I think its called the "Service members relief act". If you have problems call the JAG (law) office at the nearest post. They should be able to help.

Answer 9

if only your name is on the lease, you cannot use USERRA to get out of it. If his name is on the lease, legally they only have to let HIM out of it, not you, so unless it is in his name only, you could be stuck.

You need a copy of his orders, that's it. Hopefully the housing office will be reasonable. Only your spouse can get said copy.

Answer 10

you must first have a military clause in the lease. If he's deployed why are you moving?