Breaking Apartment/House Lease due to OCS

[Dangy]

I understand that under SCRA, civilians entering active duty prior to signing their lease are able to break their lease without any consequences with a 30 days notice before the next rent date.

Do you know how early SCRA allows the lease can be broken? Let's say we receive our FS in March, with ship out date of July and my lease ends in August. Can I break out of my lease in March, or do I have to wait until June?

 

[Tycho_Brohe]

I understand that under SCRA, civilians entering active duty prior to signing their lease are able to break their lease without any consequences with a 30 days notice before the next rent date.

Do you know how early SCRA allows the lease can be broken? Let's say we receive our FS in March, with ship out date of July and my lease ends in August. Can I break out of my lease in March, or do I have to wait until June?

Depends on the landlord. I believe technically they don't have to let you out of it until 30 days before the report date on your orders, but if your landlord/landlady is more amenable, and you give enough advance notice, he/she might be willing to work with you. Can't hurt to ask.

 

[Brett327]

SSCRA Sect 305 states the lease can be broken "upon the lessee’s entry into military service," or the "date of the lessee’s military orders" as the case may be. I would interpret that as the DTG on the orders (ask your recruiter).

BL: Keep your landlord informed so they have enough time to get a new tenant identified. That should keep them from being surprised and becoming pissed at you and the service.

As a landlord myself (and someone who currently rents as a tenant), I've had to educate several landlords I've rented from on the SSCRA and how a military clause works. There are a lot of good internet resources to make yourself smart on the law, so arm yourself with that knowledge and be frank with your Landlord about your intentions.

 

[Dangy]

SSCRA Sect 305 states the lease can be broken "upon the lessee’s entry into military service," or the "date of the lessee’s military orders" as the case may be. I would interpret that as the DTG on the orders (ask your recruiter).

BL: Keep your landlord informed so they have enough time to get a new tenant identified. That should keep them from being surprised and becoming pissed at you and the service.

As a landlord myself (and someone who currently rents as a tenant), I've had to educate several landlords I've rented from on the SSCRA and how a military clause works. There are a lot of good internet resources to make yourself smart on the law, so arm yourself with that knowledge and be frank with your Landlord about your intentions.

So I won't be able to break it until 30 days before I have to report?

Me and my landlords have a pretty good relationship, and they are pretty pro-military. I told them about the SSCRA, and they understand military service is a legitimate reason to break a lease. I prefer to break my lease as early as possible.

 

[Brett327]

Like I said, whatever you and your landlord agree to is between you two, so if they agree to release you earlier than 30 days, that is their prerogative. The law empowers you to break your lease 30 days from the date on your orders.

 

[Spekkio]

What Brett said is spot on. The law gives a lot of leeway in many states for what landlords and tenants can agree to in their lease. So, my advice to you is to review your lease and give your landlord a heads up about what you want to do. If he/she agrees to something that is not in the lease, like let you move out in March without any penalty, then get it in writing because otherwise it comes down to what's in the lease if your landlord changes his mind because he can't find a tenant.