Landlord Will Not Let Me Out of Lease (deployment)

[TXLeaseQuestion]

State - TX

I am currently in a lease and being deployed. I have turned in a copy (civilians copy) and the letter stating that I will be vacating the premises along w/ the dates.

They are saying that they need something actually signed not the standard copy/paste signature for authenticity purposes. Only thing is getting the secretary of defense to actually sign something as mundane as a letter for a lease isn't going to happen.

What can I do here? I turned in all paper work earlier this month, and am scheduled to leave the 27th (handful of days).

 

[army judge]

This is too easy.
First of all as a retired Army JAG Colonel, stay safe, and thank you for your service.
You can ask your company commander for a letter or your 1SG.
If you have time, JAG will provide you with one.
Finally, a copy of your orders will usually suffice for some landlords.
Good luck, and God bless.

 

[TXLeaseQuestion]

This is too easy.
First of all as a retired Army JAG Colonel, stay safe, and thank you for your service.
You can ask your company commander for a letter or your 1SG.
If you have time, JAG will provide you with one.
Finally, a copy of your orders will usually suffice for some landlords.
Good luck, and God bless.

Much appreciated. Unfortunately I'm a contractor so we don't have access to JAG services etc. I'm contracted directly to the DOD so no middle companies so luckily I fall under the SCRA.

What legal avenues can my apartment complex take against me if any?

 

[army judge]

Much appreciated. Unfortunately I'm a contractor so we don't have access to JAG services etc. I'm contracted directly to the DOD so no middle companies so luckily I fall under the SCRA.

What legal avenues can my apartment complex take against me if any?

Well, therein lies the rub.

The law doesn't apply to civilian contractors.

The apartment owner can sue you for damages caused by your early termination.

You are responsible for early termination of the lease as stated in your lease agreement.

You should attempt to negotiate a settlement with the apartment owner, or get your company to pay the shortfall on your lease.

Some companies will do that for their employees.

The Secretary of Defense wouldn't sign such letters for military persons, either.

The SCRA does not protect civilians.

Congress intended the SCRA to protect military members, because their pay is lower than civilian pay.

Contractors are civilians, who receive higher pay, and do not have to accept deployments.

You are free to say you won't go, but military members have no choice in the matter.

This is the law, to which you refer: Servicemembers Civil Relief Act (SCRA).

SCRA Eligibility

The SCRA covers all Active Duty servicemembers, Reservists and the members of the National Guard while on active duty. The protection begins on the date of entering active duty and generally terminates within 30 to 90 days after the date of discharge from active duty.

SCRA Lease Termination Provisions


The SCRA makes provisions to allow a servicemember to terminate certain lease agreements as described here.
Real Property Leases

Lease of premises occupied, or intended to be occupied, by a servicemember or a servicemember's dependents for a residential, professional, business, agricultural, or similar purpose if:

* the lease is executed by or on behalf of a person who thereafter and during the term of the lease enters military service; or

* the servicemember, while in military service, executes the lease and thereafter receives military orders for a permanent change of station or to deploy with a military unit for a period of not less than 90 days.

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.

Here is some information on the law to which you referred.

http://www.military.com/benefits/legal-matters/scra/overview

 

[TXLeaseQuestion]

Ayy, that is a problem. Looks like my research backfired on me!

Any knowledge in regards to buying out of a lease? I have a clause in mine but seem to have missplaced the actual lease.

 

[army judge]

Ayy, that is a problem. Looks like my research backfired on me!

Any knowledge in regards to buying out of a lease? I have a clause in mine but seem to have missplaced the actual lease.

Usually the lease specifies what the penalties are.

For example, it might say that a two month penalty is charged to get out of a lease.

Or, it could be dependent on how much time is left on the lease.

It would be higher for nine months versus three months.

If you knew the penalty to be $1,000, you could ask the landlord to forbear it and take a $700 compromise payment.

If you go with hat in hand, head bowed low, act very nice, and have the cash in hand (ready to deliver); it sometimes works.

Some people offer to let the landlord have the entire security deposit, if they are released from the lease early!

But, get it in writing if you are released from the lease early and the penalty is waived or reduced!