Military clause question

[Notso07]

What happens when one of two roomates both with a military clause on the lease, has to leave? Is there an option to break the lease completely or does the remaining roomate have to stay with that lease? Thanks,

 

[pennst8]

It depends on your lease.

Generally no, only the guy with orders gets to break it. If your roommate bails, you're holding the bag.

 

[zippy]

Governor's Gate gave you the option of leaving, downgrading to a single room, or bringing another person in when I was there. Not sure if that was a complex or State thing. In Texas you were stuck.

 

[jamnww]

Governor's Gate gave you the option of leaving, downgrading to a single room, or bringing another person in when I was there. Not sure if that was a complex or State thing. In Texas you were stuck.

thats a complex thing...the state has no such deal...many complexes will screw you if they think they can get away with it. Village of Southern Oaks specifically...

The Gates are fairly military friendly though.

 

[pennst8]

Countrywood @ Blue Angel won't honor it either. Its not a state law.

Anyone thinking of living there... PM me. I wouldn't do it again, I'm glad to be out.

 

[boobcheese]

FWIW, I have known commands to help get a convenient set of "orders" cut in order to help get an individual out of a lease. Before I get a ration of shit for suggesting something that many would view as unethical, I am just stating what I have seen in practice.

 

[jamnww]

FWIW, I have known commands to help get a convenient set of "orders" cut in order to help get an individual out of a lease. Before I get a ration of shit for suggesting something that many would view as unethical, I am just stating what I have seen in practice.

I have also seen a Sgt get busted to Cpl for doing just that and getting caught...of course that wasn't with the commands backing so it is slightly different...

 

[snizo]

FWIW, I have known commands to help get a convenient set of "orders" cut in order to help get an individual out of a lease.

 

[navywareagle]

how about this question. none of the apt complexed in auburn have military clauses in thier leases. i didnt even think about this till a couple of months ago. is management still obligated to terminate my lease if i have orders even if there is no military clause?

 

[gaijin6423]

^I've always heard that it was a Congressional decree that allowed military members with orders to break their lease if they have orders. Even if there isn't a specific military clause in the lease, the rentor must let you out of the lease. I would always offer as much advance notice as possible, though, so as to smooth things over a bit. For the record, though, I can't remember where I got this idea into my head, so I could be wrong.

 

[pennst8]

how about this question. none of the apt complexed in auburn have military clauses in thier leases. i didnt even think about this till a couple of months ago. is management still obligated to terminate my lease if i have orders even if there is no military clause?

http://usmilitary.about.com/cs/sscra/a/scra1.htm

Yes.

The SSCRA"Extends the right to terminate real property leases to active duty soldiers moving pursuant to permanent change of station (PCS) orders or deployment orders of at least 90 days. This eliminates the need to request a military termination clause in leases."

Federal law supersedes your lease agreement.

BTW... although it won't affect you personally, don't be surprised if college town landlords start doing really d!ck moves someday though... like refusing to rent to ROTC students. It happened at PSU a few years back.

 

[Steve Wilkins]

In Florida, it depends on how long you've lived there and how much longer you are leasing the property for. The SSCRA does allow you to terminate the lease, but that doesn't mean you will get to terminate the lease and not owe anything to the landlord. In other words, don't assume you get to just walk away just because you have official military orders. This is why it is always a good idea to have a military clause in the rental/lease agreement.

As for the original poster, read your lease agreement. My original thought is: hell no. Why should you be allowed to break your lease? Did you not sign it with full knowledge of the possibility that your buddies might get orders? Whether you expected that to happen or not is irrelevant.

 

[boobcheese]

In Florida, it depends on how long you've lived there and how much longer you are leasing the property for. The SSCRA does allow you to terminate the lease, but that doesn't mean you will get to terminate the lease and not owe anything to the landlord. In other words, don't assume you get to just walk away just because you have official military orders. This is why it is always a good idea to have a military clause in the rental/lease agreement.

Could you elaborate on the particulars of Florida regulations. What is it that depends on how long you have lived in at the location and why wouldn't you be able to walk away from a lease if you have orders (aside from any damages you may be responsible for). Just curious because with the uncertainties of the training pipeline its doubtful that the terms of my lease and the actual amount of time I will be here will coincide.

 

[Thisguy]

BTW... although it won't affect you personally, don't be surprised if college town landlords start doing really d!ck moves someday though... like refusing to rent to ROTC students. It happened at PSU a few years back.

That sucks...was it those jerkoffs at AW & Sons? Do they ask you point blank if you're ROTC?

Also a student could sign a lease, get picked up for BDCP/OCS, then say to the landlord "surprise cockbags!" Some people should do that for spite if they're not renting to ROTC folk.

 

[Steve Wilkins]

Could you elaborate on the particulars of Florida regulations.

Yes.