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Old 02-28-2012, 11:24 AM
 
Location: Manor, TX
32 posts, read 117,540 times
Reputation: 23

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I'm a reservist who found a new full time dual status ART (Air Reserve Technician) job at a guard base in another state. My current apartment complex will not let me out of my lease without me having to pay $3000 in fees for breaking the lease.

I looked into the Servicemembers Civil Relief Act, but it only waives fees for military members on PCS orders. ART positions do not come with PCS orders even though its a full time slot.

Does anyone have an idea of what I could do to get out of the lease without paying these expensive fees? I've already put in a 30 day written notice explaining my new ART position and relocation, but since it didn't come with PCS orders they went ahead and billed me for the lease breakage fees.

HELP!!
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Old 02-28-2012, 01:45 PM
 
367 posts, read 1,296,858 times
Reputation: 239
WOW! $3,000 early termination fee? That seems a little exorbitant??!! Don't you have legal specialists in the reserves? Judge Advocate? I can't imagine what would justify that kind of fee - you also need to check with your State. Some States have regulations for service men. Isn't that the way it always works out, you find a job you've wanted all your life but you just signed a new lease (got married, had a child..). why would you put yourself through that kind of torture (lease with huge termination fee) if you were out looking for an ART position. Maybe it's just cheaper to pay your rent for the remainder of the lease??!! Can you sublease for the remainder of your lease? I'm just talking out loud until someone else comes up with a solution!
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Old 02-28-2012, 01:59 PM
 
4,919 posts, read 19,139,048 times
Reputation: 6171
In addition to SCRA, you have state specific laws. So what state are you in?

ART is not covered under SCRA because it's technically a civil service position.
Lease breakage fees are determined by State laws and will be spelled out including issues of mitigation etc.
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Old 02-28-2012, 02:06 PM
 
Location: New Mexico U.S.A.
24,138 posts, read 38,906,904 times
Reputation: 28119
There is also a Renting forum on this site, you might look through there...


Rich
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Old 02-28-2012, 08:16 PM
 
2,633 posts, read 2,964,024 times
Reputation: 1669
You need to go talk to your JAG ASAP. There may be additional case law that extends SCRA to ARTs. AFRC JAG's know the SCRA inside and out, they probably sleep with it under their pillow.
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Old 02-28-2012, 09:05 PM
 
Location: North Pole Alaska
886 posts, read 4,563,104 times
Reputation: 804
Do you have a set of orders at all? Just black out the dates and locations and tell them its classified. Also get a supervisor to put a memo on AF letter head stating that you have been called to serve in another state.
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Old 02-28-2012, 09:54 PM
 
4,919 posts, read 19,139,048 times
Reputation: 6171
Quote:
Originally Posted by usafracer View Post
Do you have a set of orders at all? Just black out the dates and locations and tell them its classified. Also get a supervisor to put a memo on AF letter head stating that you have been called to serve in another state.

Are you saying that they should FORGE military orders to ILLEGALLY engage in FRAUD to get protection from a law? I was under the impression that we hold our military servicemembers to a much higher standard of obeying laws because they are called to fight and die in defense of the laws of our country.
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Old 02-28-2012, 10:27 PM
 
367 posts, read 1,296,858 times
Reputation: 239
No, I think he was saying he's NOT getting ANY protection from the law??
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Old 02-29-2012, 12:31 AM
 
Location: Virginia Beach
519 posts, read 1,556,247 times
Reputation: 265
Military Once source maybe able to help you if you cant get a hold of a JAG. Military once source is a great resource for anything military related. Let us know how it goes, $3K is alot!
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Old 02-29-2012, 07:07 AM
 
Location: Location: Location
6,221 posts, read 7,405,156 times
Reputation: 17867
Maybe a call to your local TV station detailing your problem will get you on-air publicity. Public opinion might just get the apartment complex to reconsider their decision. Just a thought.
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