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izzyfiles · Dec 17, 2008, 02:17 PM

I signed a lease 2 months ago and didn't know my roommate had any intentions of joining the military. She came home and told me she had orders to go to basic training so she is getting out of the lease. I can't afford the lease by myself and had I known she would join I would have never signed the lease. Is there anything I can do or am I going to get stuck with this ruining my credit and getting evicted?

450donn · Dec 17, 2008, 03:12 PM

How about getting another room mate?

Fr_Chuck · Dec 17, 2008, 03:17 PM

Yes, sounds like time to find a new room mate

badboymagnet · Dec 17, 2008, 07:47 PM

Did you know your "roomate" was going military before you signed a lease? What type of lease did YOU sign? I am asking because you titled "Military Clause". I am a civilian with a clause. This is a "Landlord" issue. WHO is the Landlord? If you are the primary on the lease, If you are the primary on anything then you are responsible for anything in your name and YES that could ruin your credit if you are the PRIMARY. Get new roomates and know how to handle "sign a lease". Sounds like she was the primary and you can take it or leave it (your money). Have you talked to the "Landlord"?

izzyfiles · Dec 18, 2008, 05:30 AM

I wasn't the primary on the lease and they put me as her spouse even though were not married at all that way we wouldn't have to both pay a deposit. I didn't know she was joining the military, we were working together when I met her and she was fired so she joined the military. Like I said I wouldn't have signed the lease if I would have known she would be joining.

JudyKayTee · Dec 18, 2008, 05:48 AM

Originally Posted by izzyfiles

I wasnt the primary on the lease and they put me as her spouse even though were not married at all that way we wouldnt have to both pay a deposit. I didnt know she was joining the military, we were working together when I met her and she was fired so she joined the military. Like I said I wouldnt have signed the lease if I would have known she would be joining.

So you knowingly signed a fraudulent contract, stating you were husband and wife when you were not in an attempt to save on the deposit?

If hers was the only name on the lease she could break it. You are also on the lease and so you are still responsible when she goes.

I agree - find another roommate.

And I would be careful about signing contracts when you are not telling the truth.

izzyfiles · Dec 18, 2008, 11:27 AM

I think you read to deep into my answer we didn't fraudulently do anything the landlord knew we weren't married but she told us if we signed as spouses we would only have to pay one deposit. If anything the landlord was wrong because I am pretty sure the owner of the place wouldn't approve of that.

JudyKayTee · Dec 18, 2008, 01:06 PM

Originally Posted by izzyfiles

I think you read to deep into my answer we didn't fraudulently do anything the landlord knew we weren't married but she told us if we signed as spouses we would only have to pay one deposit. If anything the landlord was wrong because I am pretty sure the owner of the place wouldn't approve of that.

You knew you weren't married. She knew you weren't married. You signed that you were. Sorry, but that's fraud - and not on the landlord's part.

It is probably a moot point but it's fraud on a contract.

Can you make this argument to get out of the lease? Sure. The landlord requested that you sign a document which she knew was fraudulent. On the other hand, you also knew it was fraudulent. Maybe fraud on both sides equals no contract, no lease, just walk away.

You won't know until you raise the argument in Court and everyone presents proof.

But it's a thought.

ScottGem · Dec 18, 2008, 01:08 PM

Originally Posted by izzyfiles

I think you read to deep into my answer we didn't fraudulently do anything the landlord knew we weren't married but she told us if we signed as spouses we would only have to pay one deposit. If anything the landlord was wrong because I am pretty sure the owner of the place wouldn't approve of that.

Sorry, but if you falsify any information on a contract, whether the other party knows about it or not or tells you to do it, then you have fraudulently entered into a contract. It's that simple.

But the bottomline is that you are a signator on the lease. This makes you responsible for the terms of the lease.

badboymagnet · Dec 19, 2008, 12:45 PM

Originally Posted by izzyfiles

I wasnt the primary on the lease and they put me as her spouse even though were not married at all that way we wouldnt have to both pay a deposit. I didnt know she was joining the military, we were working together when I met her and she was fired so she joined the military. Like I said I wouldnt have signed the lease if I would have known she would be joining.

Pretty much you are responsible until the lease runs out because you are listed on the lease and I assume signed it , but so is she. My brother has been in the military for 19 years and I seriously don't think that military protocol would allow her to ditch her responsibilities especially regarding a fraudulent contract. I'm actually going to give him a call regarding this issue. I did have a situation that me and a boyfriend signed a lease together and I wanted out. The boyfriend (ex) agreed to take over the lease on his own and the landlord allowed me to send them a notarized letter stating that the ex-boyfriend agrees to take over full responsibility for the remainder of the lease, in which, he also signed. At this time, I'm dealing with a landlord from hell and have received very helpful advice from Scott and Judy. Maybe they can direct you on how much responsibility you have regarding her name on the lease. Of course, it may not be that simple since you weren't really married. If I find out any information military wise from my brother I'll send it your way.

ScottGem · Dec 19, 2008, 01:16 PM

Originally Posted by badboymagnet

My brother has been in the military for 19 years and I seriously don't think that military protocol would allow her to ditch her responsibilities especially regarding a fraudulent contract. .

Almost all states have laws that allow early termination for military personnel who arer redeployed. The only caveat here is that the landlord did not know they were renting to someone in the military at the time. I doubt, though if that would affect things.

As far as the fraudulent contract, while I agree it is fraudulent, the only person who can bring a cause of action on that basis would be the landlord. And I don't see the landlord doing so, since it wouldn't be to their advantage.

JudyKayTee · Dec 19, 2008, 01:36 PM

Originally Posted by ScottGem

Almost all states have laws that allow early termination for military personnel who arer redeployed. The only caveat here is that the landlord did not know they were renting to someone in the military at the time. I doubt, though if that would affect things.

As far as the fraudulent contract, while I agree it is fraudulent, the only person who can bring a cause of action on that basis would be the landlord. And I don't see the landlord doing so, since it wouldn't be to their advantage.

I absolutely agree about the early termination in the Military. I cannot, however, find anything that extends to the other party when there's a lease, keeping in mind that this is not a married couple.

As far as fraud - I see it could be a reason to declare the lease null and meaningless BUT both parties were aware of the "fraud" so I don't see that going anywhere. Everybody was in on it.

Curious to see how this works out - if OP comes back.

badboymagnet · Dec 21, 2008, 01:53 PM

Originally Posted by izzyfiles

I signed a lease 2 months ago and didn't know my roommate had any intentions of joining the military. She came home and told me she had orders to go to basic training so she is getting out of the lease. I can't afford the lease by myself and had I known she would join I would have never signed the lease. Is there anything I can do or am I going to get stuck with this ruining my credit and getting evicted?

I spoke to my brother in the military regarding izzyfiles problem. He says that yes, if she has orders to ship out for basic training then she can legally break her part of the lease. He suggested that izzyfiles asks to see her documents which will give the date she is to leave. Although he didn't get his orders for 9 months he says that if she is not married or has no job then there is a good chance they will give her immediate orders to start basic training. So, make sure she is definitely in the military when she leaves because she is responsible up until then. Also, he claims that if you contact the military because this was a sudden breaking of a lease they will sometimes pay an additional month for her to give the roommate time to find another roommate. Hope this is helpful.

JudyKayTee · Dec 21, 2008, 02:40 PM

Originally Posted by badboymagnet

I spoke to my brother in the military regarding izzyfiles problem. He says that yes, if she has orders to ship out for basic training then she can legally break her part of the lease. He suggested that izzyfiles asks to see her documents which will give the date she is to leave. Although he didn't get his orders for 9 months he says that if she is not married or has no job then there is a good chance they will give her immediate orders to start basic training. So, make sure she is definitely in the military when she leaves because she is responsible up until then. Also, he claims that if you contact the military because this was a sudden breaking of a lease they will sometimes pay an additional month for her to give the roomate time to find another roomate. Hope this is helpful.

The question is whether her roommate can break the lease because she can and the overwhelming answer has been no - no question that the person in the military can.

I was not aware that the military would pay rent for that month. Do you have a reference for that because it has been asked before.

ScottGem · Dec 21, 2008, 04:45 PM

Originally Posted by badboymagnet

I spoke to my brother in the military regarding izzyfiles problem. He says that yes, if she has orders to ship out for basic training then she can legally break her part of the lease.

You really need to make sure you understand the question before giving information, especially when that info may not be accurate. The question was posted by the roommate being left in the lurch. She wanted to know what her options are, not whether the roommie can move.

Second, there was no question that a person in the military can get out of a lease. However, I still wonder if that applies to a person entering the military AFTER signing the lease. It may or may not. When you spoke your brother did you mention that the roommie joined the military afterwards?

badboymagnet · Dec 22, 2008, 09:15 AM

Originally Posted by JudyKayTee

The question is whether her roommate can break the lease because she can and the overwhelming answer has been no - no question that the person in the military can.

I was not aware that the military would pay rent for that month. Do you have a reference for that because it has been asked before.

He would have to find out who she signed with and this is why my brother recommends seeing the document because then the roommate would know who to contact. Also, so the roommate can make sure when she leaves she was definitely ordered to report for basic training. I'll try to get more information on a contact from my brother on this. As he said they "may" pay an additional month, but if izzyfile explains the situation and because she was ordered out immediately there is a good chance they will pay the month for her. And to let Scottgem know, even though she didn't tell the roommate she was joining she can break the lease. The roommate can fight it but he's basically fighting the military and they pretty much always win. This is why they will consider paying an additional month. As he said he was not ordered to report for training for 9 months after joining but there are circumstances that you can be shipped out immediately. Has anybody heard if izzyfiles is still in contact with her because she can pretty much put in a request for the additional rent for him, if she's a nice person.

JudyKayTee · Dec 22, 2008, 09:20 AM

Originally Posted by badboymagnet

He would have to find out who she signed with and this is why my brother recommends seeing the document because then the roomate would know who to contact. Also, so the roomate can make sure when she leaves she was definetly ordered to report for basic training. I'll try to get more information on a contact from my brother on this. As he said they "may" pay an additional month, but if izzyfile explains the situation and because she was ordered out immediately there is a good chance they will pay the month for her. And to let Scottgem know, even though she didn't tell the roomate she was joining she can break the lease. The roomate can fight it but he's basically fighting the military and they pretty much always win. This is why they will consider paying an additional month. As he said he was not ordered to report for training for 9 months after joining but there are circumstances that you can be shipped out immediately. Has anybody heard if izzyfiles is still in contact with her because she can pretty much put in a request for the additional rent for him, if she's a nice person.

Now I'm even more confused - why does who the lease was signed with matter? It's a lease between two tenants and a landlord.

badboymagnet · Dec 22, 2008, 09:44 AM

Originally Posted by JudyKayTee

Now I'm even more confused - why does who the lease was signed with matter? It's a lease between two tenants and a landlord.

He would need to know who she signed UP with Army, Navy etc. to see if they will pay an additional month to help him out. Regarding his options after she breaks her part of the lease legally I don't know.

ScottGem · Dec 22, 2008, 12:09 PM

Originally Posted by badboymagnet

And to let Scottgem know, even though she didn't tell the roomate she was joining she can break the lease. The roomate can fight it but he's basically fighting the military and they pretty much always win.

Please provide some backup for that. Its not a matter of telling the roommate, it's a matter of letting the landlord know. Its entirely possible that the law holds no distinction when the tenant joins the military, but then again it may. Also such laws are NOT military law. The military has no enforcement powers. These are state laws and if someone fights the military is not involved.

JudyKayTee · Dec 22, 2008, 02:29 PM

Originally Posted by ScottGem

Please provide some backup for that. its not a matter of telling the roommate, its a matter of letting the landlord know. Its entirely possible that the law holds no distinction when the tenant joins the military, but then again it may. Also such laws are NOT military law. The military has no enforcement powers. These are state laws and if someone fights the military is not involved.

Take it away Scott - I asked my cousin and my cousin said...