I am in the middle of a PCS from Milton to San Diego, so I just had to experience this. I'm putting this in the API section as this may help out a lot of guys there. I was unaware, as is most everyone I've talked to so far, that there is an actual statute that covers the military and rental agreements. Specifically, it's Title VI, Chapter 83, section 682, Termination of a rental agreement by a servicemember here
I'll summarize in brief. Granted this is my opinion and I'm not a lawyer, but it reads pretty simply to me. Brett1 may have some more insight as well.
Anyways, first off, a military member may terminate a lease/rental if they have PCS orders to another base greater than 35 miles from their current station. That may affect a lot of guys in API going to Primary at Whiting b/c I put it at right at 39 miles from P-cola to Whiting (front door to front door of the quarterdecks). I think I remember some guys saying that their lease at some apartments said they had to be transferred greater than 50 miles to exercise the military clause.
There are two main requirements, you have to give your landlord 30 days notice, and a copy of your orders. In addition, you are responsible for the rent up to the day you say you want to move out, and that day has to be at least 30 days from your notice to your landlord, but you can't be held liable for any additional rent after that date.
My specific example is that I told my landlord I had orders on the 17th of January, so a move out date earliest of 16 Feb. My landlord was cool with breaking my lease, but he tried to say I had to pay the whole month of February's rent (was actually in the lease as such), but according to this statute I only had to pay a half a month's rent, which I did and my landlord was cool with.
The kicker is that neither party in a lease agreement can change the terms of this statute, so even if it's in a lease now that you have to move greater than 50 miles, pay for the whole month when you move out, etc, it's technically not valid.
So, take that for what it's worth, I hope this can help out some guys in API who want to move closer to Whiting for Primary. Again, I'm not a lawyer so this is purely how I interpret the statute, Brett1 or the base JAG may be able to say if I'm completely right or wrong. I do think it reads pretty straightforward though.
I'll summarize in brief. Granted this is my opinion and I'm not a lawyer, but it reads pretty simply to me. Brett1 may have some more insight as well.
Anyways, first off, a military member may terminate a lease/rental if they have PCS orders to another base greater than 35 miles from their current station. That may affect a lot of guys in API going to Primary at Whiting b/c I put it at right at 39 miles from P-cola to Whiting (front door to front door of the quarterdecks). I think I remember some guys saying that their lease at some apartments said they had to be transferred greater than 50 miles to exercise the military clause.
There are two main requirements, you have to give your landlord 30 days notice, and a copy of your orders. In addition, you are responsible for the rent up to the day you say you want to move out, and that day has to be at least 30 days from your notice to your landlord, but you can't be held liable for any additional rent after that date.
My specific example is that I told my landlord I had orders on the 17th of January, so a move out date earliest of 16 Feb. My landlord was cool with breaking my lease, but he tried to say I had to pay the whole month of February's rent (was actually in the lease as such), but according to this statute I only had to pay a half a month's rent, which I did and my landlord was cool with.
The kicker is that neither party in a lease agreement can change the terms of this statute, so even if it's in a lease now that you have to move greater than 50 miles, pay for the whole month when you move out, etc, it's technically not valid.
So, take that for what it's worth, I hope this can help out some guys in API who want to move closer to Whiting for Primary. Again, I'm not a lawyer so this is purely how I interpret the statute, Brett1 or the base JAG may be able to say if I'm completely right or wrong. I do think it reads pretty straightforward though.
)
