The lady at our leasing office told us that we can't break our lease just because he's getting out.
2007-09-10 12:37:28 · 10 answers · asked by natasha d 3 in Politics & Government ➔ Military
If you're not in the military or don't know, please don't answer. Legal is completely full.
2007-09-10 12:45:00 · update #1
Despite what some armchair lawyers and leasing offices may try to tell you, under the Servicemen's Civil Relief Act of 1940, you may break your lease with valid military orders. It is a federal law and there are penalties for property managers who try to with hold security deposits or personal property when a lease is legally broken. I suggest you contact your nearest base legal office to get a copy of the SCRA. Additionally, whether stated or not, a federal military clause is implied when a military family rents a home or apartment.
9/11/07
I feel the need to correct several who have posted after me... they obviously did not read what I posted. Whether one sees it or not, a military clause is implied in every housing rental contract; it is federal law. One more time for those who still don't get it... a military clause whether written in or not is implied by federal law. I wish you the best of luck in this.
2007-09-10 12:55:02 · answer #1 · answered by dr_law2003 3 · 4⤊ 0⤋
If your lease has a military clause you might be able to break your lease, but it will depend on the landlord. Most military clauses are good only for PCS moves only, not deployments. In my unit we had some people get out of their leases when the commander wrote a letter to the landlord asking that the lease be broken due to deployment.
2016-05-21 09:22:12 · answer #2 · answered by ? 2 · 0⤊ 0⤋
Call base legal tomorrow morning.
Also, take a look at your lease to see if there is a military clause in it. All military should be sure any leases have this clause. If it doesn't, ask for it to be included or move on to another building. In any case, if the clause is in the lease, your landlords can not refuse to allow you out of the lease. You will have to pay the final, full month's rent (even if you leave mid-month). Your deposit will be returned, minus the costs for any repairs or cleaning that is beyond normal. If they do claim the need for repairs/cleaning, be sure to ask for a detailed invoice with the name of the contractors who do the work.
I would also look up rental laws for your area. Most cities or counties will have landlord/tenent websites that have answers to basic questions.
Even if you have the lease and find confirmation on line, contact base legal. They may need to step in with the landlord to make sure they understand.
2007-09-10 14:44:41 · answer #3 · answered by Annie 6 · 1⤊ 1⤋
We have to break our lease early when my husband seperates and we were told that he will get his orders out (basically just like pcs paperwork because they ahve to move our stuff etc) around 30-60 days out.....and as long as we give the landlord 30 days notice they cant keep us or hold our deposit.....call legal though ASAP or the base housing office and get the details (even though its a civilian housing issue they have people there that deal with these things)
2007-09-10 14:34:50 · answer #4 · answered by CRmac 5 · 1⤊ 0⤋
Did you get a "military clause" in your rental agreement ?
If you did, your covered. Look at you lease and see if there is a provision releasing you because of military orders.
If not your not going to be able to break the contract. The only out would be to reach a settlement with the landlord.
2007-09-11 00:26:05 · answer #5 · answered by oneiloilojeepney 5 · 0⤊ 1⤋
Since the military will be transferring you back to your home of records, won't you be traveling on orders? I would check to see if that qualifies under the Military Clause in your lease.
2007-09-10 12:45:54 · answer #6 · answered by Anonymous · 0⤊ 1⤋
Most military installations have somebody who has the job of dealing with civilian housing issues. They'd know for sure.
2007-09-10 12:40:24 · answer #7 · answered by nurse_spratchet 4 · 0⤊ 0⤋
When he ets's out he'll be on orders traveling back to his home of record. They have to let you out of the lease IAW the soldiers and sailors act. Let your realitor know the approx. time you'll be leaving, and threaten to go to jag and report her, I'm sure she'll change her mind. If not then go to jag and tell them the situation.
2007-09-10 15:52:16 · answer #8 · answered by Anonymous · 1⤊ 1⤋
Yes you can and it's in your rights. if she gives you any problems go to base legal.
2007-09-10 12:45:41 · answer #9 · answered by Joe C 3 · 0⤊ 0⤋
Sorry I do not know what this is a 11060.
2007-09-10 12:40:16 · answer #10 · answered by kim t 7 · 0⤊ 2⤋