How do I get out of a lease?

[asleepathewheel]

Originally posted by GePap


NIce to know there are different opinions out there.....

I made it clear, contact a lawyer. I give no legal advice, but honeslty, you got out paying 1.5 months rent. Not bad, certainly not like having to pay 3 months, or 4 months.

1. I am a lawyer, and I've dealt with these issues before with clients. Not that what I've said at any point should be construed as legal advice.

2. I only got out of paying a significant amount because I knew what I was doing. If you don't know what you are doing and don't know your rights and just move out then chances are quite high that you're going to get hit for the full amount. Few landlords that I have met would actually fufill their duty to mitigate unless the ex-tenant held them to it.

[Aabraxan]

First, read the lease very, very carefully. Second, talk to a lawyer. Third, ask said lawyer to read the lease very, very carefully. As a member of the Navy, you should check with your JAG Corps people. I sincerely doubt that you'd be the first Navy man in Virginia to need to get out of a lease, so the JAG people are probably well-prepared to deal with this issue.

Nothing here should be construed as legal advice. I'm not a property lawyer, not a landlord-tenant lawyer, and not licensed in Virginia.

[SpencerH]

Scan whatever parts of the agreement you think are pertinent and let us have a look. You may not get 'legal advice' but you may get some ideas as to what to do.

[SpencerH]

Originally posted by GameGeek As a member of the Navy, you should check with your JAG Corps people. I sincerely doubt that you'd be the first Navy man in Virginia to need to get out of a lease, so the JAG people are probably well-prepared to deal with this issue.

Another good idea.

[Seeker]

Go to Quebec. Find a washed-up drunk priest. Pay him to issue you a Baptismal Certificate with a false name. Quebec is one of those few admins left in NA where a Baptismal Certificate alone is equivalent to a Birth Certificate. Go to a government office, use your id to get a SIN card. Use your SIN card to get a DL with photo, or passport with photo.

Now go back and live next door under your new identity and take out huge loans under the old one until 7 years pass and you're declared legally dead!!

Or do some legit ****...

[Dinner]

Originally posted by Timexwatch
Are there federal or state protections governing military personell that might let you off the hook for the lease? Can you fib and say that you are being transfered to Bremerton/Groton/San Diego/etc. or something?

Leases can indeed be terminated without penalty under the soldiers and sailors relief act.

[ajbera]

Offer the landlord 2 or 3 months rent to break the lease early.

[Flubber]

Another lawyer here but Canadian though-- While reading your lease is important, its also important to understand if there are any overriding statutory conditions. In Canada there are any number of issues where the lease can say something that is COMPLETELY INEFFECTIVE since there is a statutory provision that explicitly overrides it. It would be worthwhile to see what your jurisdiction has.

I believe some jurisdictions have rules where you can terminate on 3 months notice regardless of the remaining term.

Also Asleep accurately portrayed the situation if you simply walk away. Most landlords will sue you. And while they do have a duty to mitigate their damages, this will mean very little if they typically have vacancies. A landlord would be fully within their rights to only rent out your unit only once other units have been filled.

[Flubber]

Originally posted by ajbera
Offer the landlord 2 or 3 months rent to break the lease early.

Some offer like this MAY work . . . particularly if the LL figures they can rent the place again fairly quickly.'


I would also look closely and critically about what the landlord says about assignment or subletting. It would be uncommon that a LL could totally ban this

[Aabraxan]

Originally posted by Oerdin
Leases can indeed be terminated without penalty under the soldiers and sailors relief act.

Any idea if this helps him now? Or will it only become helpful once he's deployed to scenic and faraway places?

[Patroklos]

Guys, thank you for the advice, sincerely. I know you all are not true legal consul, but these are all helpful ideas.

Are there federal or state protections governing military personnel that might let you off the hook for the lease? Can you fib and say that you are being transfered to Bremerton/Groton/San Diego/etc. or something?

You can's just lie, because they need a copy of your PCS orders. Being a Disbursing Officers, more than a few PNs owe me favors and I could have fake orders drawn up pretty easy. Unfortunately forging official military documents is a very serious crime, and that would be a very **** bag thing to do, not a good example for my guys. Though it would work.

There are traditionally four things that are included in the military clause of leases for early termination.

1.) Has received PCS orders to a station at least 35 miles from the premises.

2.) Has received TAD (temporary) orders for over three months to a similar station.

3.) Are discharged from the service.

4.) Are ordered to report to government supplied housing resulting in forfeiture of BAH.

All these things are included on the lease. however, after visiting the Navy Housing Office today, I found out that Bush signed the Servicemembers Civil Relief Act in December 2003, which added two more.

5.) The tenant enters military service (which includes a reservist being activated, a VERY good idea considering current events).

6.) The member receives orders to deploy with a military unit for 90 days or more.

That last one is my savior. It solves half my problem, as now I don't have to pay the rent while I am gone. I still want to move into that cheaper place now though, because I can maintain that while I am gone to house my furniture and other stuff, and since I am pretty much gone half the time between now and may on workups it cuts my housing costs in half until then.

If I use this, the lease terminates 30 days from when the next rent is due once the land lord is informed, but you can't inform him more than 60 days before I leave. I just need a letter from my command saying when I am leaving. That means I am good from roughly April on.

I am going to game this though. The exact date of my deployment is classified until much later, so all the command can give me is a letter with a range like "May" or "Spring." Furthermore, since my ship is surge ready and can be deployed anywhere in the world on 48 hours notice, I am going to tell them to make the letter say "between now and May."

I am going to base legal tomorrow to iron this out. I was going to be nice and give the guy a two month sum amount for breaking the lease. Why did he have to be a ****?

[chequita guevara]

Because he thinks you're an idiot that he can pushover. Many landlords do not know the laws and think they can do whatever they damn well please. In much of the country, unfortunately, that is true.

I find it rather unlikely that it is legal that you cannot sublet the apartment. Most likely, you simply cannot sublet it yourself, but must find tenants that the landlord must reasonably accept (no bums or druggies, etc. but he can't refuse if you come up with someone decent).

The most important thing is to get a lawyer involved. Even if things aren't all that good for you, once lawyers get involved, the other side tends to become a lot more reasonable.

[Provost Harrison]

Originally posted by Patroklos
My lease does say a year, thought like I said I swear we negotiated month. I wouldn't be suprise if he changed that in the paperwork shuffles and I missed it. It is a small write in block on one of the last sheets of paper.

Going by base legal to see if they can help. Sailors worm their way of of leases all the time, I am sure they have tricks.

I was thinking maybe someone has been a little creative in the last

I ensured that my lease, after the first 6 months, was on a month-by-month basis - allowed me to move when I found a nicer place much more quickly...

[Ming]

Getting a lawyer is the best idea... Just have a lawyer send a certified letter on fancy letterhead demanding copies of all signed documents, and tell him of a scheduled deposition so that they can get the facts on this case... and the landlord will roll over and play dead

[alva]

@ NYE:

1. I am a lawyer, and I've dealt with these issues before with clients. Not that what I've said at any point should be construed as legal advice.

And learning quickly too...