(Breaking) Military Clauses in Leases

[Guest EZ206PILOT]

I thought I remember hearing that if you are activated or have orders to move that you can terminate your lease without any penalty. Does anyone know if this is true and where to find more information?

[Guest blove_maxq]

Check your lease. Typically there will be a "military clause" in it that says specifically you can break the lease upon proper notification and presentation of official orders to the apartment complex. I'm fairly certain Texas requires it on the standard lease form so you may be in luck. California does not, so it's up to the apartment complex. Like Tex said, check with legal or your housing office. You should be able to work something out.

[JS]

I believe the Soldiers and Sailors Relief Act allows you to break a lease if you are on orders. Before I left for OTS, my old landlord told me I could not break my lease no matter what - even if I was already in the guard and got activated. I did a little research and talked to my attorney (friend of mine from high school who just graduated law school). He found the clause in the SSRA that allows for military members to break their leases without penalty. I then told my landlord that I consulted "my attorney" about the matter and produced the section of the SSRA and my orders. I was out of there the next month and she even prorated my last months rent to correspond to the exact day I was leaving. It is amazing what a little strongarming and consulting of attorneys can do.

[Guest mchollar]

The SSRA is old and has been revised as of last December. It is now called the Servicemembers Civil Relief Act (SCRA). It includes what you might consider a standard military clause into all leases in the U.S. plus all kinds of other stuff. You really ought to check it out so you know your rights.

https://usmilitary.about.com/cs/sscra/

It does not include pro-rating though. You got that as an added extra. You can definitely have your JAG do the strong arming for you though. They can write some cool nasty-grams!

[Smokin]

JS is right. The Soldier's and Sailor's Relief Act says that anyone who is going on active duty, or is on active duty and getting a PCS, can give their landlord a written notice 30 days in advance of the move, and be released from their contract.

FYI: If you're deployed overseas it offers even more protections, such as termination of car leases and puts a cap on most interest rates at 6%

https://www.military.com/Resources/Resource...1044--1,00.html

[Guest jtpuro]

I'm in a college town with 2 other roommates and have already pre-paid rent until August and paid my security deposit. I PCS in June, so I should be able to take advantage of the SCRA, right? How should I go about asking for my money back?

[Smokin]

That was strange with the same response/time thing...jynx for coke, 1,2,3...

jtpuro- it may be a little more complicated for you. Did you sign an individual lease or as one of three people on the same lease? If it was an individual, you should be able to get your money back without too much of a problem. You still should be able to get it back regardless. At 30 days (or more) out from when you move, mail a letter to your landlord saying that you are going on active duty (I assume you're ROTC) and are getting a PCS. He probably has never heard of the SCRA before, so you'll probably have to explain to him. The full text of the law is avaliable on the internet, I'd print it out, highlight the part that applies to you, and include it in your letter.

[Guest swiney]

Hi. i'm using my fiance's name but I've posted on here once before and found it very helpful. We're getting married in December. He'll hopefully be getting his orders in October. Even though my name won't be on the orders, will I be able to get out of my lease if I show them a marriage certificate? I know legally he will be let out of his since he is military, but I don't know if the same will apply for me. Does anyone have any experience with this?

[Toro]

Are you planning on getting out of your lease before you're married? (I'm assuming he's leaving sometime in late October, early November). If that's the case, then my guess would be no. Orders aside, you need to actually be a military dependant for the benefits to apply.

[Guest juliecole]

Does your lease have a military clause written into it, or at least a relocation one. Some of the big apartment companies do write those in. If you have a copy of the lease bring it to a lawyer or base legal office and see what they have to say. Some place let you out of your lease but keep the security deposit. Be sure to keep a copy of your lease paperwork and follow the instructions to giving a notice to a T.

We had an awful time when we were in our first apt and they would not give us out money back for our deposit ($685). There was even a military clause in it, but because we were moving into Base housing not out of town the apt manager thought he would keep our money. Long story short, one phone call and letter written on base legal paper solved our problem. Had my money 6 hrs later.

[Guest hoke82]

Federal Law doesn't make the military clause required, it is nice to have but you can still get out of it. When you get married you should be added to his orders. Your landlord cannot keep your deposit becuase of a military move. If they try to tell you it doesn't apply to you go to the nearest JAG office, and it gets fixed everytime.

[Guest nickarij]

I was a property manager at an apartment complex in CA for 7 years. If you are trying to get out of your lease before you get married, there's not much you can do to just "get out" of your lease. The complex, however, cannot charge double rent on a unit. (They can't keep charging you rent if someone else moves into the same apt.)

Personally, I would call the office and make an appt to talk to the manager. Tell him/her your situation. Ask what they can do for you. I would do this BEFORE you go to legal. If you walk into that office waiving a letter from a legal office, they are going to shut down and do everything by the book.

They really have a lot of say in the office and can either totally let you out or give you some advice on how to get out of the lease, but they don't have to do this. Some places may make you just pay a termination fee. Others may make you pay rent until the unit is occupied again. If that is the case, by being on the office staff's good side, they can put your unit to the top of the list and try to get it rented faster than another unit that may have been vacant sooner.

Also, make sure you give a full 30 (if not 60 day) notice of vacancy. And make sure you give them permission to show your apt to perspective tenants and keep your home clean at all times.

I don't check this board very often, but if you have any questions I can help you with, please PM me.

[Guest swiney]

I guess I wasn't very clear. We are getting married in December. I want to give my apt notice that I will be leaving in Oct/Nov. However, my name won't be on the orders because we won't be married at that time. If I show the apt manager my fiance's orders, plus our marriage certificate, will they let me out of my lease? I've had problems before at the apt complex with the management and they are not helpful. I know I'll have to get legal documentation before they will do anything for me. Should I just go ahead and talk to JAG and get their advice?

[Toro]

How are you going to have a marriage certificate if you're not getting married until December? Talk to the JAG and see what they say. If they say you're out of luck you can always trying bluffing the apartment manager:

Explain the situation to the apartment manager and see if they'll work with you. If they don't seem like they're going to be helpful, kindly let them know that you've talked to the base JAG and you can get them involved to resolve the situation, but that would take time and paperwork that you're really not interested in wasting. If he still says no, then let him know that on your way to the JAG office, you'll be stopping by the base housing office to put the apartment on the list of non-recommended off-base apartments due to their lack of flexibility with the military clause.

[Guest FutrShepStud]

I PCS for the first time in a few weeks but still have a few months left on my lease. Everyone keeps telling me about this whole military clause, but I do not see it in my lease. Does it actually have to be written in the lease to be able to break the lease, or is it just general law that I can apply anyway????

Wish my ROTC det told us about this before we started our senior year..

Thanks!

[MCO]

I talked to my landlord today and she said she doesnt let new Lt.'s break their leases. I tried to find a military orders clause in my lease but I couldnt, so i think my roomates and I are SOL.

[Guest KM]

https://usmilitary.about.com/library/milinf...a/blchap4-5.htm

Sect. 304 allows the termination of leases signed prior to "entering military service" if there is no clause in your lease agreement. You may have already "entered" since you are a contract cadet, I'm not sure how that works.

Also, a few states allow you to terminate your lease when you get orders. You'll have to check on the laws in your state.

[Herk Driver]

I talked to my landlord today and she said she doesnt let new Lt.'s break their leases. I tried to find a military orders clause in my lease but I couldnt, so i think my roomates and I are SOL.

Google SCRA (Servicemembers Civil Relief Act). It has been updated from its' 1940 version. W signed the new one into law in 2003. It no longer has to be written into the lease, as it is a federal statute. Anyway, here is the relevant text:

Termination of Leases

Another significant change provided in the SCRA, is found in Section 305. The prior law only allowed the termination of pre-service "dwelling, professional, business, agricultural, or similar" leases. The new provision in the SCRA allows termination of leases by active duty servicemembers who subsequently receive orders for a permanent change of station (PCS) or a deployment for a period of 90 days or more. The SCRA also includes automobiles leased for personal or business use by servicemembers and their dependents. The pre-service automobile lease may be cancelled if the servicemember receives active duty orders for a period of one hundred and eighty (180) days or more. The automobile lease entered into while the servicemember is on active duty may be terminated if the servicemember receives PCS orders to a (1) location outside the continental United States or (2) deployment orders for a period of one hundred and eighty days or more. (See Section 305, SCRA) See full text here: Section 305 legalese

Talk to the JAG. Your landlady has no choice but to allow new Lt's or any other service member out of their lease if it is due to PCS orders. She can't withhold your security deposit. If she denies you any of that, have the JAG help out. Sooner or later they will threaten to put her off-limits through the Disciplinary Control Board. She would rather let you out of that lease than lose the business. Of course, if you have roommates and you are the only one with orders, she doesn't have to let the others out of the lease.

[Chuck17]

2 on that. DONT SWEAT IT. But dont procrastinate either. Print out the exact verbiage in the document and take it to them. Then do that again when you get orders. Be a pain and constantly remind them you WILL be breaking your lease.

I did just that in 05 when I went to the desert for the summer. My apartment front office threw a fit, said they would still make me pay, file suit to get their money, yadda yadda yadda... I took them the documentation and my orders AFTER I moved out and they never said a word... I assume going on active duty would fit the same bill.

Chuck

[JS]

I talked to my landlord today and she said she doesnt let new Lt.'s break their leases. I tried to find a military orders clause in my lease but I couldnt, so i think my roomates and I are SOL.

Like Herk said, the military clause that is not in your lease is called the Servicemembers Civil Relief Act, a federal law. I used it to break a lease I had BEFORE I joined the service. At first, she did not want to let me break it, and then I went back to her and mentioned that I talked to a lawyer, who said that I am allowed to break the lease per the Servicemembers Civil Relief Act. I was out of the lease that day.

I did, however, stay in an apartment that actually did have a military clause. The military clause required me to give them 1 months notice to break the lease. In other words, all of this "military clause" lease stuff you hear about are restrictions that the landlords put on the lease IN THEIR FAVOR, not in the favor of the military member.

In this case, I talked to a JAG and he told me that the Servicemembers Civil Relief Act does indeed give a landlord a right to require a months notice before breaking a lease due to military orders etc. This was sort of a middle-ground for the landlords and the military. It prevents you from getting screwed out of, say for example, the remaining 11 months on a lease. But at the same time, it gives them a little leeway (a month) for the guys who think they can show up the day before they leave on orders and expect the landlord to have the place rented out the next day.

[Guest 0Chewy0]

I live in a house with 5 other guys who are on the lease. We all signed the lease and simply pay an equal part of the total amount that is owed for renting the house. If I get out of the lease, would it just force the other guys to pay in my place, ya think?

Thanks!

It depends, if you signed one lease then yes they will be responsible for the remainder of the rent. There are some places that let you sign individual leases where by you are responsible for your part and your roomates are responsible for their own; no one is dependent on the other. When you sign they usually give you a copy, go over that. If not just talk to your landlord. Good luck.

-Chewy

[Toro]

Ditto both above for roomates - it's all about whose name is on the lease. I had a roomate at CBM and I ended up leaving about 3-4 months before him. He moved in well after I started renting the place, so his name wasn't on the lease. When it came to leave, we had to go in and put his name on the lease, then remove mine.

[DigDug]

Talk to the JAG. Your landlady has no choice but to allow new Lt's or any other service member out of their lease if it is due to PCS orders. She can't withhold your security deposit. If she denies you any of that, have the JAG help out. Sooner or later they will threaten to put her off-limits through the Disciplinary Control Board. She would rather let you out of that lease than lose the business. Of course, if you have roommates and you are the only one with orders, she doesn't have to let the others out of the lease.

I went through this recently. Word of advice - the SCRA allows you to break your lease - but be careful about the remaining items in your lease (proper notice for termination - usually 30 days still apply). Also, watch your security deposit - many landlords will attempt to mitigate their losees by finding 'problems' with your apartment after vacating (large cleaning fees, carpet replacement fees, etc...) Hire a professional carpet cleaner and maid service and SAVE the receipts!!! Take lots of pictures of the condition of the unit!!! If your landlord decides to retain your security deposit, your only recourse is to take them to small claims court, which can be a long, painful process. Oh, and you'll have to sue them where they live or where the unit is located - which can be a LONG WAY from where your new location is (and no, you can't sue them for travel/lodging expenses).

Read your lease - SCRA only exempts you from the remainder of your time - not the other associated commitments you made.

[john]

Ok simple question. Girl not married, leases a place. Gets married to guy, guy goes AD and has to move. Can she use his orders to break the lease? If no, are there any other options?

thanks, john.

Edited June 28, 2007 by john

[SPiF]

From my experience (and the grapevine from others),

if you're married, and you PCS (or enter AD), they'll break her lease too. If you just got married and want to break her lease to move into one place, then you're out of luck. You could each have a lease, and if you're married and PCSing, both leases would be able to be broken with the standard 30-day notice.

I've had to fight the point (and quote the law), but that should help. It's the SCRA (you can google for the particulars) and if you run into trouble still, talk to your local legal office. Stuff like that they can give you info for and help get into the fight in some cases (last part I can't find a quote for, but I've heard of it happening).

Hope this helps.