SCRA rights for my lease apply? (training, stationed, requirements, waiver)

[Ducky0404]

So my husband was to stationed in GA for his AIT for 6 months. We quickly moved and decided to do on base housing because they are still very strict when he is in AIT and it’s easier for him to report on short notice. We went to the privatized base housing and they said they only had year leases. We told them we were only here for 6 months. Leasing agent said no worries new orders will break your lease no problem. So we sign sign sign. A month ago we got new orders only it’s at the same base. Now his orders do say PCS and not PCA and we are authorized for transportation to move our stuff for a local move per the government, my husband also had to out process from the base then re in process and this is his first official duty station as a real soldier. We got in to base housing to put in our 30 day notice and along with new orders as we want to live in a more permanent home off base as we will be stationed here and I recently found out I’m pregnant and our current house is very small and there is a lot of problems with it. Well they said no and showed us a clause in our lease that says we can only break lease without penalty if we PCS 35 miles or more. I got angry but knew it was my fault for not reading our lease. So I’ve been researching and I saw the service member civil relief act say we can break our lease with only PCS orders and the 30 notice and I don’t see a mileage restriction. I don’t want to sound like I don’t want to finish my contract but I was very upfront in the beginning that we wanted to be here only the 6 months his AIT was and never even thought we could be stationed in the same place. Does the SCRA have a mileage restriction on PCS orders? It would really help my family. Otherwise we have to pay almost 2,000 to move and I really hate my place I live ( neighbors suck, cockroaches, AC is old doesn’t work well) I was okay with it for temporary but I’d not want to stay now that we finally know where we will be stationed for the next three years and I’m expecting.

[Rabrrita]

Under the SCRA a PCS is a PCS. That takes care of that.

Now, as far as the 50.§517 (waivers) is concern, that becomes sticky if the current housing is considered "base housing", even if managed by a private company. In a base housing scenario, the 517 requirements can be modified consistent with DOJ's final guidelines. The 35 mile rule should not apply if the location of the new duty station was only 1 foot away but considered a completely separate facility such as at Nellis where out "on the range" multiple bases exist side by side. But, if it's technically the same facility, it very well may be allowed under DOJ guidelines especially when the PCS label was due to completion of training. Since all these waiver issues can come down to a single clause, word or meaning, you really need to have someone in the base legal office review it and provide direct advice on your specific situation. Good luck.

[Ducky0404]

Thank youd so much! I will make an Appt. With JAG first thing Monday morning. Kinda wanted to get my feelers our first to make sure it was even worth pursuing or if someone had a similar experience. I appreciate you.