Breaking a lease question — The Bump
Military Families

Breaking a lease question

Hi there.  I usually post on other boards but I have a question for you all Smile  My DH enlisted in the Marine Corps.  He was in the delayed entry program until a spot could open up for him to leave for boot camp.  We just found out that they have a spot for him to leave next month.  I calculated the time (very general? more like he will be gone ?this many months? than he will be gone ?exactly this many days?) that he will be gone with training and then his schooling and realized that when it is time for us to move to our first permanent duty station we will still have about 6 months left on our current lease.  His recruiter mentioned that since we will have to break the lease for military reasons that we would not be responsible for paying out the remainder of the lease or any penalties.  Does anyone know anything about this or have experience with this?
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Re: Breaking a lease question

  • yes there is a law that they cant punish you for moving for military orders. I think you need to give a 30 day notice though. Just bring them the orders and explain and if they give you trouble you should make an appointment with legal and have legal help you

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  • Thanks!  I thought that was the case.  I am hoping that they don't give us any trouble, but I will cross the bridge when I get there. 
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  • You should be fine..we broke our lease when my husband was leaving to deployment and there were no problems. They just need a 30 notice! Good luck with bootcamp my husbands a Marine too !
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  • What kind of notice does your lease state. Most are 30 days, but mine is 60. You can break your lease, but you have to give them the notice that they require to avoid penalties.
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  • yp, orders and the proper amount of notice. :-) Marine wife as well, welcome to our world. :)    :)    :)
  • With orders you will be covered under the Soldiers and Sailors Relief Act.  Most leases had PCS clauses in them before 2004, but SSRA became federal law and made it illegal to hold active duty military members hostage to leases (and other things) if ordered to move due to military service.

    That being said, as someone who owns two homes and rents them out, if you know for a fact that you will be leaving in 6 months, it is polite to inform your landlord 2-3 months ahead of time.  Usually it is 30 days notice for "no penalty" but 30 days can be a tough turnaround in this market.  Just my $.02 :).

  • Since you have 6 months notice informing them 2-3 months in advance is what you need to do.  You can give less notice if the military gives you less notice(example our last PCS we had 10 days notice).  Take a copy of your DH's orders to your landlord/rental agency and give them notice of your move. 
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  • Like the others said, the SSRA should help you out.  Moving forward, make sure that leases you sign have a 'military clause' and that you know what is involved to invoke that. 

    We broke our lease using the military clause for our PCS here.  Basically they needed 30 days notice and we had within 30 days of his report date to leave (60 day window total).  Regular fees (carpet cleaning, etc) still applied.  They needed a copy of his orders and DH (or someone with his POA) had to have signed the lease for us to qualify.   

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  • The fine print says his name HAS to be on the lease. If it is in your name, and you aren't the soldier then you are SOL. Hopefully he's on the paperwork too and you will be fine.
  • You should be able to break your lease by presenting your property managers with your husband's orders.  You may be able to break it in less than 30 days if your landlord allows it, but be aware that some states (Florida for one) will require you by law to then pay for the entire month's rent (as opposed to pro-rating it). 

    And for future reference, make sure that whenever you sign a lease, always check to see if a military clause is included (what allows you to break your lease with military orders).  Most leases will, but it can't hurt to ask/check.

  • Lol, everyone has already answered your question, but WELCOME to the life of the Marine Corps Wife!!!! <3
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