I was trying to figure out the laws in Texas. I have read my lease and it doesn't say anything about military spouses, only servicemen. My husband is not on the lease though. Okay the full story. I moved into this apartment complex before we were married 3 years ago, but I have kept the apartment because I was going to school. This December I graduate and he just received orders for N Carolina. I need to move with him because 1 i graduate and 2 I'm pregnant, but they say I cannot break my lease and my only option is to pay until someone else takes over my contract. The chances of that are slim. So I need to find where i can find the laws on Texas property, because if I don't know my stuff this apartment complex will take me for all I've got. Trust me. Is there any hope?
2007-11-07 10:56:46 · 8 answers · asked by Bragg Wmn 4 in Business & Finance ➔ Renting & Real Estate
First to answer some of your questions, I have lived here for three years while going to school and have resigned the lease (my mistake will watch out next time). I was attending UT Austin while my husband was stationed everywhere from Iraq to Ft Bliss, to Ft. Hood to Ft. Bragg. It was important to us for us both to finish our dreams and I did not want to walk away from a scholarship. So yes, we had two residences and two rents. It was hard, but God blessed. This is a college town and my apartment had 4 bedrooms and they lease by room. 2 of my roomates moved out a year ago and nobody has wanted to move in, which is why sub-leasing was not really an option.
2007-11-08 07:37:58 · update #1
If the lease mentions a service member's excemption, then it is probably only because a state law grants the excemption. Contact the JAG office on base. In Florida, the law would apply to you. I can't answer for sure about Texas, but
I suspect the laws are similar.
2007-11-07 13:24:10 · answer #1 · answered by mcmufin 6 · 1⤊ 1⤋
Since you're a military wife, the provision regarding servicemen applies to you. A landlord can hold a soldier to a lease if it is expressly stated in writing at the time of lease signing.
What I don't understand is that you were married, but kept the apartment because you were in school? So you had two addresses and two rents?
There isn't much more to tell unless you type out the provision of your lease that applies to servicemen. Most of those kinds of provisions ask for a sixty day penalty and they will mitigate if they can.
I'd like to add that you don't need to speak to a landlord-tenant attorney at this time and that I seriously doubt any attorney would answer your question in full, for free. Also, that the issue here is not whether you are extended any courtesies. If your husband is going overseas or just going to basic at Bragg, you don't have to go. You are thereby bound to the lease. Servicemen are bound by the provisions of a lease because it's a contract and soldiers and their immediate family have a duty to display good moral character by fulfilling their financial obligations. The lease is a contract and you can't just have people joining the Army or something out of the blue and stiffing landlords who also play an important part of making the world go round. If your spouse is called to duty overseas, he will probably be able to break the lease with some penalty.
2007-11-07 11:04:12 · answer #2 · answered by Legend 4 · 0⤊ 1⤋
You must have renegotiated the lease, you say you have been there for three years. Exactly how long was your lease for.
Might I suggest that you spend you time in another way instead of trying to figure out a way to get out of your lease. Try to figure out who you can get to replace you on your lease.
If you are near a military base and a college, military couples, as well as college students are always coming and going. So to find someone to replace you and take you lease should not be a difficult thing to do.
I would advertise in the local papers as well a the paper on the base that you have a lease for someone to take over, they would need excellent credit, what ever fees you paid up front when you moved into the unit in which you are occupying.
No you can take these people to the landlord for his consideration along with their credit report and deposit, after you have shown them your unit to see if they would feel comfortable there and it can accumodate the family they might have if any.
You are gonna spend a lot of negative time and money attempting to get out of a lease when you can spend positive time trying to find a replacement for your landlord.
This is a win win situation for all. You get your deposit back, your landlord get a new tenant, without cleaning up as well as the deposit from the new tenants. The good thing about it is he did not have to advertise for the new tenant.
Make sure you tell the new prospective tenant the place will be as is because,you are in the military and have to move immediately. So the most you will do is a quick going over, meaning a sweeping with nothing left on the floors.
Now if there are huges stains on the wall, or other unusual damage that might need repair make sure you make a deal with the landlord so he can get it repaired, by leaving him part of your deposit.
Don't leave your mess for the newbies either. Tell everyone what is on the up and up to include it in writing for the newbies if you paid the landlord for any damage you caused, so the newbies will not be charged for it.
I hope this has been of some use to you, good luck.
"FIGHT ON"
2007-11-07 11:19:52 · answer #3 · answered by loanmasterone 7 · 0⤊ 1⤋
A real estate attorney, as a courtesy, may be willing to answer your question for free.
The military clauses often included in leases automatically include the military spouse, whether or not the serviceman is on the lease...b/c very often the serviceman isn't available when the lease is signed due to deployment, etc.
What you need to ask an attorney, is BY THE ACT OF MARRIAGE, is there a law in Texas that requires a landlord to extend a military courtesy of breaking the lease, even if it wasn't in the original lease agreement....some states do require this, even though it doesn't appear in the lease.
2007-11-07 11:07:03 · answer #4 · answered by Expert8675309 7 · 1⤊ 1⤋
Military spouse and service member are interchangable and one in the same. You may have to get the base (whether the present duty station or the one ordered to) to intervene but you can get out of your lease.
2007-11-07 12:12:32 · answer #5 · answered by Boat Junkie 2 · 1⤊ 0⤋
I'm really surprised there wasn't a military clause in there as standard practice.
In any case, yes you need a lawyer because only a lawyer can dispense legal advise.
1. Check with your Fleet and Family Support center.
2. Talk to legal on base.
3. Get help from your husband's chain of command, they may know of other local resources to help you.
2007-11-07 11:37:32 · answer #6 · answered by JF 4 · 0⤊ 1⤋
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2017-03-01 10:01:47 · answer #7 · answered by ? 3 · 0⤊ 0⤋
Is there a spouse's assistance organization at your husband's military base? They may be able to assist you with this kind of inquiry. They may also be able to intervene if the landlord is not following the law.
2007-11-07 11:02:40 · answer #8 · answered by Angie 6 · 1⤊ 0⤋