Need help understanding termination of lease agreements.. (real estate, apartment)

[iciclez]

I don't really understand all this - it says you must give 60 days notice to your landlord if you plan on terminating your lease? Does this mean if you plan on terminating it early? Because to me, terminating your lease is getting out of it before it expires..

My family is military and I need to move back to the state we're stationed at. Giving 60 days notice is out of the question because who is going to hold a house/apartment for 2 months? There's no way I can find anywhere to live 2 months before I move out.

I'm leaving my apartment early and just now reading these terms again.. I'm now getting worried because the way it's worded it's making me think that I have to give 60 days notice before the lease is up to let them know I'm leaving. Is this correct? Or do you need to give 60 days notice that you'll be renewing it before it's up? I'm paying for the last month of rent, not skipping out so I'll be out of the apartment for over a month before my actual lease expires - to me, this shouldn't be an issue. They got a free month of rent basically and have over a month to "re-lease" it out to someone if this is the case. Like I said also, we're military. I have orders proving my spouse's deployment which I showed them prior to leasing, so the fact that my spouse will be returning soon (but a bit sooner than the orders state) I'm hoping will suffice if they try to give me trouble about it. I just don't understand why you should have to say, Hey I'm leaving at the end of my lease if your lease states that you're leaving at the end of your lease... I hope I'm just seriously confused here.

[TeddyP27]

Originally Posted by iciclez

the way it's worded it's making me think that I have to give 60 days notice before the lease is up to let them know I'm leaving. Is this correct?

In most cases this is my experience as well. 60 days prior to the end of the lease period you should let them know if you are going/staying. If you break the lease early they may try to come after you for the amount of the whole lease but if you are a military family and following orders then they should let you go. I'm assuming that if you are in an area where there are a lot of military people they'd understand. If not, perhaps there is someone associated with the military who can assist you with them and, of course, there's always public humiliation if they treat you poorly.

[iciclez]

Well, I gave them notice today - like I said I am leaving early, but paid my last month's rent so I'm not trying to skip out on it, just leave before the end of my term. She said "it'll be fine" - the fact that as of now it's only 45 days instead of 60, but I don't know if I should take that as proof that it'll be fine or if I should get that in writing ? I'm afraid to say anything else about it now though because if it is really fine and I bring it up to someone else, perhaps they'll actually enforce it.. I don't know what to do.

[TeddyP27]

I'd simply try to get an email exchange acknowledging the change as a backup, otherwise best of success in your new post!

[NY Annie]

There are people in the real estate/renting forum with more specific knowledge of this situation but it's my understanding that being military you are covered. However, as TeddyP27 said, get it in writing - both your notice to the landlord and the landlord's response.

[ictulips]

Originally Posted by NY Annie

There are people in the real estate/renting forum with more specific knowledge of this situation but it's my understanding that being military you are covered. However, as TeddyP27 said, get it in writing - both your notice to the landlord and the landlord's response.

There was a specific clause in our lease agreement with regard to early termination and military personnel.

[lerner]

I'm curious- does anyone have experience breaking a lease before its over, and not paying the remaining balance? Did they come after you for it? Did it show up on your credit report?

[iciclez]

I ended up getting my deposit back in FULL.. VERY surprised about that, so all is well there! Thanks for all of your advice!

@lerner - I've had experience there before as well. Stuck in a bad situation, I was forced to vacate early due to circumstances of my own. I was unable to pay rent on my own, and since we left, a judgment was put against us. The judgment shows up on my credit report and will for a few more years. A bankruptcy (of course, not for that situation alone) will dismiss you from having to pay for it, but it will still show up on your report.