Breaking a Lease

[Avalon]

So I've heard that if you join the military, and you have a lease, you can break it. I searched online (googled "landlord/tenant rules" and Solders' and Sailors' Civil Relief Act") for the exact explanation, and have been unable to find word for word this rule...I've asked someone who works at the apt. complex, but she is foggy on the issue. I know she will get back to us, but I would like to have something printed out that is clear about t he details.

My husband was pro-rec'd, and we are currently renting an apartment. When we first signed the lease (in July), the complex was running a deal, and our monthly rent was about $200/mo. less than the going rate.

I'd like to know:

1. Will we have to pay the "consessions" of $200 for each month that we've been there, or is there a law somewhere that says we don't have to? (the apt. rules say that if someone breaks the lease, they have to do this)

2. Can we get out of the lease even though my husband wasn't in the military when we first signed the lease?

3. If so, can we get out of the lease when he leaves for OCS, or do we have to wait until he gets his "commission"? (or is OCS considered his commission?)

Has anyone ever dealt with this before? Any information would be greatly appreciated

Thanks!

 

[nugget81]

1. As for the concessions, that depends on the apartment complex. I've seen it both ways--one where we got the first month of rent free but had to pay it back when we terminated the lease early with the military clause, and another where we got a visa gift card that we didn't have to pay back.

2. Your husband needs to be active military for a military clause to apply. It should not matter if he was military when the lease was signed. Instead what matters is that he is military when the lease is terminated. Make sure he is on the lease or this is all moot.

3. Typically you need to show orders indicating that he is being stationed elsewhere. Where are you going to live when he goes to OCS? You can't go with him.....

OCS is a commissioning source, i.e., candidates receive their commissions at the end of the program.

 

[Avalon]

Thanks for the info - very helpful. Do you know where I can find this in an official document?

I am also moving out of state...we can't afford the apt. when he goes to OCS, so I am moving in with a friend...

 

[Flying Low]

Thanks for the info - very helpful. Do you know where I can find this in an official document?

I am also moving out of state...we can't afford the apt. when he goes to OCS, so I am moving in with a friend...

The lease you signed should have a section addressing military clauses. If you don't still have your copy then ask the office for one. Just sit down and read it. It will probably be in one of two places. In the section that address early termination or in a section that address military on its own.

The same should apply to the concessions. Some where in the lease it should address what happens if you received concessions and terminate the lease early. The catch will be in the wording. Get the lease and read over it. If it comes down to you having to repay the extra 200 then try to see if you can get it reduced or even waived. The officer manager might not be able to do it but someone above them might. Play up the fact that your husband is joining the military. Good luck.

 

[HH-60H]

Whether or not a lease has a military clause is immaterial. The Servicemembers Civil Relief Act of 2003 allows any member who goes on active duty to terminate his lease if he was not on active duty when the lease was signed.

http://usmilitary.about.com/cs/sscra/a/scra2.htm

 

[Avalon]

wow - thanks guys. That link is particularly helpful - exactly what I was looking for.

It will stink if we have to pay the concessions....it could be up to a couple thousand dollars, depending on when we leave Once we get (if we get!) final select, I will write a letter to the "higher up".

Thanks

 

[nugget81]

It will stink if we have to pay the concessions....it could be up to a couple thousand dollars....

Ask your apartment complex now - don't wait and see. Get the person's name and document everything. Have them show you everything in writing. Being proactive and writing things down can go a long way in helping your cause.