Breaking a Lease Early termination of lease under SCRA in PA [URGENT]

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Diman

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Hi,

I have a bit of a "special" situation here...

My lease situation:

- Expatriate living in PA for 1 year (January to December).
- Living with 1 roommate who works in the military
- Signed a lease in January that ended in June.
- At time of signing, I paid half the security deposit to the roommate (and not the landlord) who officially holds the full deposit on the lease.
- By the end of the 1st lease I had 2 options, get out, or sign a new lease (they proposed 6, 12 or 14 months - duration affected the rent price)
- We signed a new lease in June for 14 month under 1 condition (email proof of answer by an employee of the leasing office):
Question: Can I get out of the lease in December when I move out of the country?
Answer: Yes, because your roommate is in the military and the whole unit benefits from SCRA early termination, without any fee, without any notice.

Current situation:

- I need to move out of the country earlier than expected (end of October)
- I told my roommate and asked the leasing office to terminate my lease (confirming one more time the conditions - no fees, no notice)
- I agreed to help find a new tenant to replace me for as long as I am living at the apartment.

Problem:

My roommate is obviously not pleased at the idea of paying full rent by himself in the event that I do not find a new roommate.

I have questions regarding 2 elements:

1. SCRA early termination
As the leasing office mentionned I could also benefit from SCRA early termination - is that legally binding?
Am I legally required to provide any proof that I am leaving the country earlier than expected (flight tickets, work notice...)

2. Security Deposit
As he holds my share of the deposit - what are my legal options in the event that he decides not to reimburse me of that amount ?

This is pretty urgent matter on my side.
Any advice, help would be greatly appreciated.

Thanks a lot
 
"1. SCRA early termination
As the leasing office mentionned I could also benefit from SCRA early termination - is that legally binding?"

No....You're not in the military, you're roommate is. In addition, from your own posting, you're the one leaving, not your military roommate. It might be possible if HE got transfer orders from the military. That's not the case in this instance. You're the one breaking your end of the lease.

" 2. Security Deposit
As he holds my share of the deposit - what are my legal options in the event that he decides not to reimburse me of that amount ?"

Sue him for this money. In addition, he can sue you for breaking your end of the lease. Both are pretty hard to do when you're out of the country.

Gail
 
I agree that without military orders nobody is covered for early termination of the lease.

Your fastest and cheapest solution to this is to simply move and forget about your deposit.
 
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