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    wijaher's Avatar
    wijaher Posts: 1, Reputation: 1
    New Member
     
    #1

    Jun 15, 2009, 03:04 PM
    Breaking lease due to deployment
    How do I break my lease without being responsible for the rent if I am deploying and I do not have the military clause in my lease? By the way I live in Texas.
    h_leann_b's Avatar
    h_leann_b Posts: 247, Reputation: 35
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    #2

    Jun 15, 2009, 03:15 PM

    You may want to look into Servicemembers Civil Relief Act(SCRA)

    I copy/pasted some of the explination of leases; etc.

    Termination of Residential Leases. The SCRA allows individuals to break a lease when they go onto active duty, if the lease was entered into before going onto active duty. Additionally, the act allows a servicemember to terminate a residential lease entered into while in the military, if the member receives permanent change of station (PCS) orders, or orders to deploy for a period of not less than 90 days.

    This protection covers "lease of premises occupied, or intended to be occupied, by a servicemember or a servicemember's dependents for a residential, professional, business, agricultural, or similar purpose."

    To break a lease under these provisions, the servicemember must make the request in writing, and must include a copy of their orders (orders placing them on active duty, PCS orders, or deployment orders). The member may deliver the notification by hand, by commercial carrier, or by mail (return receipt requested).

    The termination date for a lease that requires monthly rent, the earliest termination date is 30 days after the first date on which the next payment is due, following proper notification of termination of lease. For example, if Sgt John pays his rent on the first of every month, and he notifies his landlord (and gives the landlord a copy of his orders), on the 18th of June, that he wishes to terminate the lease under the provisions of the SCRA, the earliest termination date 1 August (the next rent is due 1 July, and 30 days later is 1 August).

    If it's some other arrangement, other than monthly rent, the earliest termination of the lease is the last day of the month, following the month in which the notice is given. So, if notice is given on 20 June, the earliest termination date would be 31 July.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Jun 15, 2009, 03:17 PM

    Doesn't matter if its in the lease, its in the law.

    Just bring your landlord a copy of your orders.

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