Can i get outta my lease useing military clause if theres not one in the lease? (tenants, renter)

[CptnRn]

Check your state laws regarding a tenants right to vacate related to military service. This was easy to find on the internet for Texas. The clause does not have to be in the lease for it to be effective.

This is what TX law says:

Sec. 92.017.**RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING CERTAIN DECISIONS RELATED TO MILITARY SERVICE.**
(a)**For purposes of this section, "dependent," "military service," and "servicemember" have the meanings assigned by 50 App. U.S.C. Section 511.
(b)**A tenant who is a servicemember or a dependent of a servicemember may vacate the dwelling leased by the tenant and avoid liability for future rent and all other sums due under the lease for terminating the lease and vacating the dwelling before the end of the lease term if:
(1)**the lease was executed by or on behalf of a person who, after executing the lease or during the term of the lease, enters military service; or
(2)**a servicemember, while in military service, executes the lease and after executing the lease receives military orders:
(A)**for a permanent change of station; or
(B)**to deploy with a military unit for a period of 90 days or more.
(c)**A tenant who terminates a lease under Subsection (b) shall deliver to the landlord or landlord's agent:
(1)**a written notice of termination of the lease; and
(2)**a copy of an appropriate government document providing evidence of the tenant's entrance into military service if Subsection (b)(1) applies or a copy of the servicemember's military orders if Subsection (b)(2) applies.
(d)**Termination of a lease under this section is effective:
(1)**in the case of a lease that provides for monthly payment of rent, on the 30th day after the first date on which the next rental payment is due after the date on which the notice under Subsection (c)(1) is delivered; or
(2)**in the case of a lease other than a lease described by Subdivision (1), on the last day of the month following the month in which the notice under Subsection(c)(1) is delivered.
(e)**A landlord, not later than the 30th day after the effective date of the termination of a lease under this section, shall refund to the residential tenant terminating the lease under Subsection (b) all rent or other amounts paid in advance under the lease for any period after the effective date of the termination of the lease.
(f)**Except as provided by Subsection (g), this section does not affect a tenant's liability for delinquent, unpaid rent or other sums owed to the landlord before the lease was terminated by the tenant under this section.
(g)**A tenant who terminates a lease under Subsection (b) is released from all liability for any delinquent, unpaid rent owed to the landlord by the tenant on the effective date of the lease termination if the lease does not contain language substantially equivalent to the following:
"Tenants may have special statutory rights to terminate the lease early in certain situations involving family violence or a military deployment or transfer."
(h)**A landlord who violates this section is liable to the tenant for actual damages, a civil penalty in an amount equal to the amount of one month's rent plus $500, and attorney's fees.
(i)**Except as provided by Subsection (j), a tenant's right to terminate a lease before the end of the lease term, vacate the dwelling, and avoid liability under this section may not be waived by a tenant.
(j)**A tenant and a landlord may agree that the tenant waives a tenant's rights under this section if the tenant or any dependent living with the tenant moves into base housing or other housing within 30 miles of the dwelling.**A waiver under this section must be signed and in writing in a document separate from the lease and must comply with federal law.**A waiver under this section does not apply if:
(1)**the tenant or the tenant's dependent moves into housing owned or occupied by family or relatives of the tenant or the tenant's dependent; or
(2)**the tenant and the tenant's dependent move, wholly or partly, because of a significant financial loss of income caused by the tenant's military service.
(k)**For purposes of Subsection (j), "significant financial loss of income" means a reduction of 10 percent or more of the tenant's household income caused by the tenant's military service.**A landlord is entitled to verify the significant financial loss of income in order to determine whether a tenant is entitled to terminate a lease if the tenant has signed a waiver under this section and moves within 30 miles of the dwelling into housing that is not owned or occupied by family or relatives of the tenant or the tenant's dependent.**For purposes of this subsection, a pay stub or other statement of earnings issued by the tenant's employer is sufficient verification.

Added by Acts 2005, 79th Leg., Ch. 348, Sec. 1, eff. June 17, 2005, except Subsec. (g) eff. January 1, 2006.

[Ultrarunner]

I thought I post what my State has published regarding military renters...

Special Rules for Tenants in the Military: A servicemember may terminate (end) a lease any time after entering the military or after the date of the member's military orders. This right applies to a tenant who joins the military after signing a lease, and to a servicemember who signs a lease and then receives orders for a change of permanent station or deployment for at least 90 days.

The servicemember must give the landlord or the landlord's agent written notice of termination and a copy of the orders. The servicemember may personally deliver the notice to the landlord or agent, send the notice by private delivery service (such as FedEx or UPS), or send it by certified mail with return receipt requested. Proper termination relieves a servicemember's dependent, such as a spouse or child, of any obligation under the lease.

When rent is paid monthly, termination takes effect 30 days after the next rent due date that follows delivery of the notice. Rent must be paid on a prorated basis up to the date that the termination takes effect. If rent or lease amounts have been paid in advance for the period following the effective date of termination, the landlord must refund these amounts within 30 days after the effective date.

For additional reading: California Tenants - California Department of Consumer Affairs

[Babytarheelz]

It doesn't really sound like the OP has any leg to stand on. The way it reads, her husband has been stationed in the other state the whole time, but was deployed, so perhaps she moved away during his deployment. Now he's returned and she wants to join him, but since these are not new military orders, sounds like she'll be out of luck.

[CptnRn]

Originally Posted by ughnomore

Idk really if there is a military clause in the lease but im pretty sure theres not... my name is the primary on the lease and i have a room mate thats been doing drugs around the kids with out my knowledge well i found out yesterday and left she can keep the apartment i dont care but i cant live there with her any longer not after finding out shes had drugs around the kids... my husband is in the army and just got back from deployment so im planning on moveing to colorado to be with him but i dont know how to go about getting out of my lease... any advise would be very helpful... im completely lost and i know i cant stay there anymore

thanks for the help in advance

From what I have seen from the states laws that are posted or available, the military clause does not have to be quoted in your lease to be valid. The best advice you can get will probably come from any local military base housing office in your area.

My personal opinion, in manty states it looks to me like the laws would favor your being able to break the lease given your husband has finished his deployment and been sent back to Colorado. It appears that some states can even assess a fine against a landlord who does not honor this. It would be very advantageous to know what your state law says.

Even if the law does not specifically address your situation the landlord may honor it. Give your landlord a copy of your husbands orders returning him to Colorado and stating that you moving back to be with him and have to break the lease. At the same time give him written notice regarding the drug situation and your concerns for the safety of your children, which is another reason you cannot continue to live there under any circumstances.

I am a landlord, only one rental house, but I would let you out of the lease to go be with your husband in this situation.

Then regardless of his response, just go. It is more important for you, your husband and your children to be together. Maybe you will get your deposite back, maybe not. But in the long run what is a few hundred dollars lost rental deposit compared to the health of your family?

To be honest with you, few landlords are going to bother to pursue legal action against you for small sums of money involved, especially if you have moved out of state. I had a tenant skip out on me and it wasn't worth the bother to pursue it. The hassle, legal cost and benefits are much less then the expense of finding a new tenant to move into the apartment. At best they may get a legal judgement against you saying they are entitled to some amount toward the lease, but with you being out of state they won't have any reasonable way to try and collect it. At worst if they pursue it, it could show up on your credit report.

Go and get your family back together again, that is far more important.

[melaniej65]

As others have stated if there is NOT a Military Clause you may be SOL. Have you not read your lease? Is your husband on the lease at all? If he is not even on the lease then even if here IS a Military clause then you may not invoke it since he is not a party to your lease.

Even if there is a Military clause and he is on the lease then you must still give proper notice or may be held responsible for the fees.

BTW, we were Army for 23 years so I do know about leases- take your lease to JAG and have them look it over before kicking up a fuss- it may save you from looking like an idiot andirritating your landlord! Good luck.

[STT Resident]

The OP hasn't responded since her first and only post on May 1 so maybe she got it all figured out.

[Splitcms]

Captn Ron....I want to break my lease a little before I actually transfer. How far in advance can you break your lease once you have orders?

[Jillaceae]

Per my Air Force brother: It is required by federal law to let a service member out of his or her lease due to military relocation, regardless of whether or not a clause is stated in the lease or in the state law. He also said you are generally allowed to move as soon as you get your orders. He wasn't completely sure on notice because often you know at least a little time in advance, and it would be considered poor conduct not to tell your landlord immediately, so the issue doesn't often come up. (He thinks not, though, because if you need to report and cannot give X amount of notice, you cannot be held liable for that.)

That said, in order to be let out of your lease you have to provide a written copy of your orders to your landlord. If you husband is on the lease with you, then this applies to you. If your husband is not on the lease, it does not, and you are required to fulfill the terms of your lease as normal.

[marleysmom07]

If the lease is under your name only and not the active duty service member, than no, you can not get out of your lease on a military clause. In order to cancel your lease because of orders you would have to either be on those orders or the service member would have to be on the lease.

[jamies]

I'm a LL, so long as you were paid up and cooperated in cleaning and showing the apartment I wouldn't have a problem with releasing the lease regardless of any laws. If your LL isn't as accomodating then I'd proably just give notice and leave. You will lose any deposit. It is unlikely he will file suit against you or follow you to Colorado to collect - and if he does go to JAG and let them deal with it.

You are a servicemembers dependent. That's pretty much it, end of story.