Marine trying to break lease

[dleah]

My husband and I rent a home in San Diego Ca and it has become too expensive for us. We pay $1500 plus utilities. We can no longer afford to pay the rent. In our opinion we are over paying anyway based on the condition of the house. The landlord has not made any of the repairs we brought to his attention 6 months ago when we moved in. Anyway, we received an offer for a unit through Military Housing. We still have 6 months on our lease on this home, but like I said we simply can not afford it, we barely scrape by and I mean SCRAPE BY. The military housing will not cost us a dime. Does anyone know how we can break our lease? Our new place is ready for move-in. Since we will be going to military housing, we will no longer get our allowance effective immediately. So we do not have the money to pay anymore rent to the landlord. My husband can get orders from his command saying he is detached from his current residence and is to move in to the base housing, but the landlord still doesn't want to work with us even though he said he would if need be when we signed the lease.

 

[Duranie]

You cannot legally break the lease. You need to try and work something out with the landlord and probably help him find replacement tenants. Financial hardship is not a reason to leave.

 

[saginawmom]

As a daughter of veterans, I just want to offer my support to you and your husband. I cannot believe while so many of your husband's fellow soilder's are overseas protecting our country, your Landlord is being so completely unreasonable. If I were you, I would seriously consider contacting the local newspaper. This is probably something the citizens of a community near a military base would find very interesting.

Maybe shaming your landlord into embarassment on a moral level will persuade him to do the right thing. Thank you again for your sacrifice.

Just curious to any lawyers reading this post, what would happen to the status of their lease if say for example this Marine received his orders to ship overseas? Would the wife be on the line for the remainder of the lease.

 

[Gail_in_Georgia]

Most leases include (and accept) a military clause, allowing the military tenant to break the lease if they receive orders to be stationed a certain number of miles from the rental (for example, overseas).

Gail

 

[bellhead]

If you receive PCS orders or such as to this effect, a 6 month or longer deployment then a military tenet can break a lease without recourse from the landlord. I did this once and the landlord tried to come after me. I was in the guard and had a 8 month school to attend. I gave them 2 weeks notice and they were not happy. Sent me a bunch of nasty letters. Took them to the jag lawyer. He wrote a reply and I never heard a word again from them.

 

[Gail_in_Georgia]

Yes; this is the military clause that was described above. However, in the OP case, the issue is not one of being deployed.

Gail

 

[Red0027]

The military clause in my lease also states if I receive/am approved for military housing then I am able to break the lease as long as I have my commanding officer's letter stating I've received on base housing. Not all military clauses are written the same. If you have one, I would read it and see what it allows you to break your lease for. I was still required to give 30 days notice though. Keep your head up. Review your lease and military clause...you might find a light there.