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can i use deployment orders to break lease to move on post?

 you will not be covered under the SCRA- so everything will depend on how your lease is written.

there should be a military clause in your lease, read it carefully.

if there is no military clause, you cannot get out of the lease at all. and will have to pay the termination fees or wait until your lease is up before you can move.

Schultz wrote:
As an ex-apartment manager, I will tell you it will all depend on you and the person you are renting from. Legally, you cannot break your lease just because your husband is deployed. In fact, even if you guys were PCS'ing, you don't have the legal right to break your lease without the contract stating so. This is why it is so important to consider everything when you sign and/or agree to signing a leasing contract. If you do decide to break your lease early, your leaser reserves the right to penalize you for doing so. This is for nearly anything, houses, cellphone services, TV services, apartments, cars etc. HOWEVER, taking it back to YOU and the person you are renting from... It is up to the sole discretion of your leaser. If you've been a good, reliable tenant, and the person has any heart at all, there is the possibility that they will let you out of the lease early without much, if any at all, penalties. As an example, they may decide to keep any deposits you made. When I've had particularly bad tenants I was not so nice when it came to breaking leases or even allowing late payments on their rent. When it came to good tenants, I'd let things slide a bit easier. I would approach them politely, explain your situation, but do not give too much detail. Ask them if it is possible to shorten or end your lease early. Considering this is a house and not an apartment, it may take the leaser a little longer to fill. If you'd be willing to consider it, ask to be released from your contract in 1-2 months that way it gives them time to find a new tenant and they are not going to endure any hardships that come with being removed of income they'd normally be receiving. I'd imagine this would make them a bit more lenient as well.


this is 100% incorrect.

the SCRA was amended to include Deployments and rental leases in 2003.

please take a moment to familarize yourself with the updated laws.

also the SCRA is written as federal law and trumps any leases signed, even if there is not a military clause written into the lease.

 

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You can always give it a shot. For what it's worth, it didn't work for me when I tried it last year (mind you, I live somewhere totally different). My husband was deployed, and I was living in our apartment with our then 15 month old son, while going through a high risk pregnancy. Due to condensation from the air condition unit we ended up with black mold on our ceiling, and it took the management nearly two months to take care of it. We were constant, polite and diligent about having them fix it, and my OB actually wrote me a doctor's note saying that it if they weren't going to fix it, then it would be a medical necessity for us to move out of the apartment, and our base was even willing to move us up on the waiting list. Alas. Our apartments wouldn't lets us break lease and it would've been $2,000 to pay our way out of it. They finally fixed the problem when they were threatened to be sued for the health violation. I really hope this works out in your favor!
Christina. ~*~Walk by Faith, not by sight - 2 Corinthians 5:7~*~
http://www.roomforpatience.blogspot.com

 Check your lease for a military clause. 

image

 If your lease has a military/deployment/pcs clause or whatever, you can use orders to break it.

 

As for housing, well... you can always take a 3 bedroom house and have your kids share rooms if it's that awful.  Otherwise, you will probably have to wait forever and a day.... or voluntarily accept older housing if they have it wherever you're located.  I'm not sure what other options you have.  That is a really high bill, though... the main thing I'd be doing is figuring out how it got so high, and what can be done to lower the cost... wow... that sucks and I'm so sorry!


Agree with above post. SCRA allows military families PCSing to break the lease, regardless of the language in the lease. Its a lot easier dealing with a landlord that knows this, but they really should at this point.

We used my husbands deployment orders to move out of our apartments when he left so I could move up here to Ft lewis to be with family. We are stationed out of Fort bliss and all they needed were the official orders for deployment and then there were no questions asked. Most landlords private or company know the way military work and they cant really fight you when you provide them with deployment orders. If you didnt have them and you just said that you got housing then you would be stuck until your lease was up or pay the remainder of the lease to leave. The main reason we left the apartments around ft bliss was also because by time we were done with the cost of the apartment and just the electric bill we were already at bah amount and the housing list is a 2 yr wait down there!

Talked to housing it doesn't matter anyway they have over a year wait for 4 bedroom house. so basically we will PCS before we even get a house which makes me wonder if they even have houses here if no one ever gets to move into them??????


I don't really want to move but our damn utility bill just got here and it is $400 which makes with water and garbage and rent our house is $900 more than our BAH (Ft Lewis 4 bedroom). Can I use his deployment orders to get out of this lease? I have a good job and I can pay the extra but I'm tired of throwing so much money away.

mjaylan, we've been on the list i just told them to put us on a lease hold. but with orders I think I can break the lease.  They'll pay to move people on post when we accept the house so I am not worried about that.  I just wasn't sure if deployment orders counted or if it had to be PCS for the military clause to work.


Schultz, I appreciate the advice. I cannot do it anyway stupid housing doesn't have any houses. Which is funny since I know someone who is in a 4br house on post and they let them get on another list. I miss being on post there were people, neighbors and cookouts. just having a bad deployment time.

 In my experience, gunswife is correct.  The only time I have ever heard of Deployment orders breaking a lease is if the family is moving back home during the deployment.  I have never heard of any orders working to break a lease to move from off post to on post.  Also, double check that the move will get paid for, because (again, in my experience), you will only get a paid move 1 time per PCS.  In other words, if the movers dropped your stuff off at your current home, you will not get moved again on the military's dime until your soldier gets PCS orders again.

lgreen wrote:

Talked to housing it doesn't matter anyway they have over a year wait for 4 bedroom house. so basically we will PCS before we even get a house which makes me wonder if they even have houses here if no one ever gets to move into them??????


4 bedroom are one of the hardest to get into, only 5 bedroom is harder.  The standard housing is 2 or 3 bedrooms because they can have more housing that way and many families are 1 to 2 kids.  They can give you the option of 2 sharing a room and you get a 3 bedroom.  It was a requirement for a long time in order to get a 3 or 4 bedroom in some places where if opposite sex the kids had to share until 6 and if same sex until 10.  Some places still have that.



lgreen wrote:

mjaylan, we've been on the list i just told them to put us on a lease hold. but with orders I think I can break the lease.  They'll pay to move people on post when we accept the house so I am not worried about that.  I just wasn't sure if deployment orders counted or if it had to be PCS for the military clause to work.


So were you on the list when you signed the lease for the rental? If so then yes you are usually able to break the lease that way and the military will then pay for you to move into housing. There is usually a condition in the lease that you can break it when you get housing.  They can still require a certain amount of time for notification.  But if you had the lease first and then got onto the housing list then they do not have to honor it and the military will not pay for the move



It will depend on the lease, some might if you were on the housing waiting list or if you were moving home during the deployment it can be possible.  But if you just decide to move into housing then they can make you keep the lease or pay the penalty to break it. 

 

You also have to find out if you can move on post because they  can have a waiting list especially for a 4 bedroom and you would be at the bottom of it.  And you would pay for the move yourself, the military will not pay for it unless you were on the waiting list when he checked in and were just waiting for it. 


As an ex-apartment manager, I will tell you it will all depend on you and the person you are renting from. Legally, you cannot break your lease just because your husband is deployed. In fact, even if you guys were PCS'ing, you don't have the legal right to break your lease without the contract stating so. This is why it is so important to consider everything when you sign and/or agree to signing a leasing contract. If you do decide to break your lease early, your leaser reserves the right to penalize you for doing so. This is for nearly anything, houses, cellphone services, TV services, apartments, cars etc. HOWEVER, taking it back to YOU and the person you are renting from... It is up to the sole discretion of your leaser. If you've been a good, reliable tenant, and the person has any heart at all, there is the possibility that they will let you out of the lease early without much, if any at all, penalties. As an example, they may decide to keep any deposits you made. When I've had particularly bad tenants I was not so nice when it came to breaking leases or even allowing late payments on their rent. When it came to good tenants, I'd let things slide a bit easier. I would approach them politely, explain your situation, but do not give too much detail. Ask them if it is possible to shorten or end your lease early. Considering this is a house and not an apartment, it may take the leaser a little longer to fill. If you'd be willing to consider it, ask to be released from your contract in 1-2 months that way it gives them time to find a new tenant and they are not going to endure any hardships that come with being removed of income they'd normally be receiving. I'd imagine this would make them a bit more lenient as well.

Well, I have not worked in apartment management since 2001 so I would not know this, and I never rent. However, it is nice to know things have changed. PCSing and Deployments are different, especially when the deployed is not single and a family remains. It is STILL best to always ensure that you know what is in your contracts prior to signing them. - Regardless the OP needs to have herself put on the waiting list. Every day she waits will only extend the length of time it takes for her to get a house on base. Long ago we were told there was a 7 to 8 month waiting list for a house and it took only 2 weeks. People get bumped for various reasons or end up deciding they would rather not live on post. So the length in waiting times are ALWAYS going to change and it would be within your best interest to be put on the waiting list anyway. So if this such clause can get her out of her lease and a house comes up available in a shorter time she should not have any worries. I'd also consider taking whatever is available first. So long as it has enough room for you kids to live comfortably.

To terminate the lease, the member must deliver written notice to the landlord at any time after call to active duty or receipt of orders for active duty. Oral notice is not sufficient. The effective date of termination is determined as follows: For month to month rentals, the termination becomes effective 30 days after the first date on which the next rental payment is due subsequent to the date when the notice of termination is delivered. For example, if the rent is due on the first day of each month, and notice is mailed on August 1, then the next rental payment is due and payable on September 1. Thirty days after that date would be October 1, the effective date of termination. For all other leases, termination becomes effective on the last day of the month following the month in which proper notice is delivered. For example, if the lease requires a yearly rental and proper notice of termination is given on July 20, the effective date of termination would be August 31. The servicemember is required to pay rent for only those months before the lease is terminated. If rent has been paid in advance, the landlord must prorate and refund the unearned portion. If a security deposit was required, it must be returned to the servicemember upon termination of the lease.

 
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