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Rules regarding breaking a lease dut to orders?
DH is currently in A school, we won't be getting his orders for another 6-8 weeks or so and his graduation is Nov 1st. Our lease is up at the end of this month. If we went month to month, we'd have to pay $100 more a month in rent. But I don't think I'll be here for another 6 months, so if I resign, I'd have to break the lease.
Now I've heard that if you have orders that you can break a lease without penalty, but I'm not sure how that works. I don't know yet where DH is going (If he does get orders for SD then we will just finish out another 6 month lease then) if we have to PCS, I'm not sure yet when he will have to report, he could be on hold for month or two.
I do know that I want to stay here in SD until I have the baby (due Nov 26th) so depending on when baby comes, if I have to move I wouldn't really be able to until about mid Dec at the earliest? So if he had to report say Dec 1st and I am not moving until say Dec 18th, how does that work with breaking the lease? Does that rule still apply even if I don't move until after he reports to his new command?
Views: 96
Replies to This Discussion
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Permalink Reply by Jess_0411 on
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If you have orders, you can break a lease. You just need to show them a copy of the orders. IT IS AGAINST THE LAW FOR THEM TO CHARGE YOU A PENALTY FOR BREAKING A LEASE DUE TO MILITARY ORDERS. Haha, I capitalized that because that is most important part. Not sure on the rest of it, you will have to ask your apartment complex about staying and what not.
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Permalink Reply by Anti M on
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That isn't 100% true.. the lease must have a military clause which allows termination for orders. Otherwise, yes, they can charge a penalty.
You must look at the lease to be sure it has that clause. Don't resign until you have a lease which has the clause. You might already and not know it. Talk to housing too about how to get one.
NO ONE SHOULD SIGN A LEASE WITHOUT THE MILITARY CLAUSE!
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Actually Anti M, all leases are required to have military clauses. I work in a law firm that also handles real estate law, and that's a fun tidbit I learned. So if they don't have a military clause in the lease AND they charge you for breaking the lease, you need to call a lawyer and fast.
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Good to know.
A lot of these young spouses could use a crash course in leases before signing them!
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What kills me is how many people sign leases without reading them, and then they call us all upset because they are getting fined for something or another /:
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Permalink Reply by TickledTink on
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Well I found this: http://www.ehow.com/info_8185663_military-leasebreak-laws-californi... so Calif law does specifically allow for breaking a lease without penalty d/t PCS orders. (we live in CA) I read my current lease (they are still typing up the new one) and it doesn't have a military clause but with the law I don't think I need it. I'm sure this complex has dealt with it before, it's a large one with 300 units and there are a lot of military families here, especially Navy in particular. In fact, both neighbors on either side of me are military (to my right is Marine, to my left is Navy)
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