Two years ago my husband was being deployed and I had just found out I was pregnant. We decided to move to a larger rental. I found a new place and filled out the application, but waited to turn in my 30 day notice until the application was approved. The leasing company would not release my rent history until they had received the 30 day notice, so on 1/2/06 I turned that in, with a copy of my husbands military orders. We would be leaving the lease 1 month early.
One year later, I found on my credit report that they are charging us for that final month rent saying I didn't give them the full 30 day notice required to break a lease with military orders. It isn't a huge amount of money, but this can't stay on my husbands credit report. The only reason there wasn't a full 30 days notice was because they wouldn't release my rent history to the other agent. I'm not sure if I have any legal standing or if they are right. Help?

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Originally Posted by anniepintx

Two years ago my husband was being deployed and I had just found out I was pregnant. We decided to move to a larger rental. I found a new place and filled out the application, but waited to turn in my 30 day notice til the application was approved. The leasing company would not release my rent history until they had received the 30 day notice, so on 1/2/06 I turned that in, with a copy of my husbands military orders. We would be leaving the lease 1 month early.
One year later, I found on my credit report that they are charging us for that final month rent saying I didn't give them the full 30 day notice required to break a lease with military orders. It isn't a huge amount of money, but this can't stay on my husbands credit report. The only reason there wasn't a full 30 days notice was because they wouldn't release my rent history to the other agent. I'm not sure if I have any legal standing or if they are right. Help?

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A lease is a contract and it appears you broke the term - I realize you had a reason but you still broke the terms of the contract.

Was the landlord aware that your husband was deployed? Sometimes they give special consideration to active military.

I don't think you have legal standing, perhaps a moral issue, but no legal standing.

First, thanks for your service

Second, thanks again for your service.

Refer to the Servicemen Civil Relief Act (12/19/03) and the
Soldier's and Sailor's Relief Act of 1940 both of which should
Give you all the answers you need. I don't believe they can hold you
Accountable for this but the information in these acts will answer this
For you. Search for them on the internet by name of each act.

You can break the lease under the law, but I do believe they have to receive a full 30 day notice, and I don't see why a notice was not given, you did not give it, till they would not relase the report, but should not the notice to move been given prior to that?

But if it was not a full 30 day notice, I do believe they can collect it.
So best bet, first contact the 3 credit reporting agencies and challenge it, it may just come off, if they respond saying you still owe it, or repost it back on there, call and try and work out a fair amount of payment

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Originally Posted by Fr_Chuck

You can break the lease under the law, but I do beleive they have to recieve a full 30 day notice, and I don't see why a notice was not given, you did not give it, till they would not relase the report, but should not the notice to move been given prior to that ??

But if it was not a full 30 day notice, I do beleive they can collect it.
So best bet, first contact the 3 credit reporting agencies and challege it, it may just come off, if they respond saying you still owe it, or repost it back on there, call and try and work out a a fair amount of payment

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I read both Acts and it appears to me that the 30 day notice must be given - otherwise, good reference info.

I'm sure this issue has been resolved already. Post is 2 months old.

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Originally Posted by LILL

I'm sure this issue has been resolved already. Post is 2 months old.

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Right - what's the rule when it comes to responding to posts that are 2 months old - ?

Iffy, normally I answer them since I don't pay attention to the date
But to be honest, this was not about moving but about the report on the credit report, so it could still be actively happening stlil, but I will close the post.


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