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Old 05-01-2009, 11:42 PM
 
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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

Last edited by houstoner; 05-02-2009 at 12:52 AM.. Reason: Thread moved from Houston forum.
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Old 05-02-2009, 12:15 AM
 
Location: Houston
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There has to be one in it. If you have orders and your name is on there you can get out. Knew someone who got perm. orders just for training in San-Antonio. So as long as you have that you're ok
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Old 05-02-2009, 09:41 AM
 
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Quote:
Originally Posted by XodoX View Post
There has to be one in it. If you have orders and your name is on there you can get out. Knew someone who got perm. orders just for training in San-Antonio. So as long as you have that you're ok
Ditto.

If its not in there, its not in there. Look over the lease again to make sure.

I would talk to the landlord, bring a copy of the orders that show where your husband is assigned, and that dependents are authorized/accompanied, and explain the situation, stating that your roommate is staying (right?), you are going to live with your husband, and would like your name off of the lease. See what happens. If your roommate's name is on the lease already, it might not be that big to take you off and make her primary. Can't hurt to ask.

Legally though, if there is not a military clause, (and usually they are for PCS orders, where the military member lives there and now is ordered to move, and the RNLTD usually has to be within a certain number of days (like 30)), your landlord could refuse.

Like I said, though, you won't know til you ask.
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Old 05-02-2009, 09:57 AM
 
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Couldn't your nearest Base Housing Office give you the exact info?
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Old 05-02-2009, 05:51 PM
 
Location: Houston
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Dosne't matter if there's one in there nor not. Isn't it required by law? If you have orders from the government they must let you out. I've never heard of anything else.
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Old 05-03-2009, 09:54 AM
 
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Even if there is one, proper notice must still be given. I managed some communities near an army town and we would have people leave. They would still have to give the 60 day notice required by the lease and pay through those 60 days.
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Old 05-03-2009, 11:17 PM
 
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You might want to check your local Landlord-Tenant laws. In the lease I use, which even though 5 pages long, there is no mention of it, but the rules for military tenant rights in my city are clearly stated in my local Landlord-Tenant laws. I have had a military resident have to move out due to deployment and could only give one week notice (which was the minimum required in the case of deployment). However, the law where I am states that it can only be in the case of deployment, but you should check and discuss it with your landlord as well.
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Old 05-04-2009, 11:07 AM
 
3,422 posts, read 10,289,587 times
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Quote:
Originally Posted by XodoX View Post
Dosne't matter if there's one in there nor not. Isn't it required by law? If you have orders from the government they must let you out. I've never heard of anything else.
She is not active duty though and as far as I can tell, her husband, the active duty member, never lived there, and I believe never had an assignment in that area. So I doubt it would apply unless specifically listed.
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Old 05-04-2009, 03:21 PM
 
Location: Rural Central Texas
3,646 posts, read 9,966,967 times
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If there is not a clause in the lease, you cannot expect the landlord to honor that termination clause.

If I were in your situation and had a drug using roommate, I would report their use to the police and the landlord and ask to be taken off the lease because of illegal activity in the apartment beyond your control. Explain that the roommate has created a dangerous situation and you wish to be removed from it. Explain that you are not comfortable living with them and even if they are evicted, they know where you live and how to gain entry to the apartment in the event they wish to get even with you for reporting them to the cops.

If the landlord still refuses to release you from the lease, small claims court could be an option to mitigate your losses through court order due to an unsafe environment. It would be much better for you to negotiate a release than to depend on the court to get you out. A dangerous roommate is a much better negotiating tool than a desire to be with your husband, however. The roommate puts potential liability for your safety on the landlord should they do anything to harm you after you have reported them. Your desire to be with your hubby only pulls on heart strings, and I don't know how strong those strings are with your landlord. I am sure their self-preservation instincts are probably much stronger.
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Old 05-09-2009, 01:11 PM
 
Location: Ca Cap & Central Ca
182 posts, read 889,603 times
Reputation: 103
If you are the one on the lease, you are responsible. You cannot just abandon your repsonsibilities because you discovered your roomie is doing drugs! Check with the laws of your state, your county, and your city. If you make a few inquiries and searches online, I am sure you will find info and help. Also, open a conversation with your landlord and inform him/her of your situation. It is in your landlord's best interest to help rid the property of this problem person.
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