[kmartin527]

My husband is going back into the military. We are currently renting an apartment and our lease isn't up until January of 2008. Does military exclude us from having to pay any kind of penalties as far as breaking the lease? I tried to search for statutes to find an answer but didn't have much luck.

TIA for any info


ETA: I live in Florida

[NowWhat]

A lot of times the lease will have concessions about military. I would talk to your landlord about this. There may be nothing to it. They will probably still require a 30 day written notice on your intent to terminate the lease.

[Fr_Chuck]

Some may, none of mine ever did, so you will need to read your lease and talk to your landlord. First great I am glad your husband is supporting his nation, but you may find yourself liable for the lease till they rent it back out.

[wynelle]

Do you know when exactly he is going back on active duty and where he will be stationed? You may find that you are still where you are next January. In the meantime, check your lease and talk to your landlord.

[michealb]

It's been my understanding that if you have military orders the landlord has to let you out of the lease with 30 days notice even if the lease doesn't have a provision for it. His commanding officer should have more details for you.

[michealb]

Apparently it is a per state issue on whether you can break the lease with 30 days notice.
Military Housing Clause

But for Florida I was able to find the statute that applies in this case
83.682 Termination of rental agreement by a member of the United States Armed Forces.--
(1)(a) Any member of the United States Armed Forces who is required to move pursuant to permanent change of station orders to depart 35 miles or more from the location of a rental premises or who is prematurely or involuntarily discharged or released from active duty with the United States Armed Forces may terminate his or her rental agreement by providing the landlord with a
Written notice of termination to be effective on the date stated in the notice that is at least 30 days after the landlord's receipt of the notice. The notice to the landlord must be accompanied by either a copy of the official military orders or a written verification signed by the member's commanding officer.
(b) In the event a member of the United States Armed Forces dies during active duty, an adult member of his or her immediate family may terminate the member's rental agreement by providing the landlord with a written notice of termination to be effective on the date stated in the notice that is at least 30 days after the landlord's receipt of the notice. The notice to the landlord must be accompanied by either a copy of the official military orders or a written verification signed by the member's Commanding Officer.
(2) Upon termination of a rental agreement under this section, the tenant is liable for the rent due under the rental agreement prorated to the effective date of the termination payable at such time as would have otherwise been required by the terms of the rental agreement. The tenant is not liable for any other rent or damages due to the early termination of the tenancy except the liquidated damages provided in this section. If a tenant terminates the rental agreement pursuant to this section 14 or more days prior to occupancy, no damages or penalties of any kind are due.
(3) In consideration of early termination of the rental agreement, the tenant is liable to the landlord for liquidated damages provided the tenant has completed less than 9 months of the tenancy and the landlord has suffered actual damages due to loss of the tenancy. The liquidated damages must be no greater than 1 month's rent if the tenant has completed less than 6 months of the tenancy as of the effective date of termination, or one-half of 1 month's rent if the tenant has completed at least 6 but not less than 9 months of the tenancy as of the effective date of termination.
(4) The provisions of this section may not be waived or modified by the agreement of the parties under any circumstances.
History.--s. 6, ch. 2001-179; s. 1, ch. 2002-4.

[wynelle]

So, in Michelle's case, it would largely depend on what her husband's orders have for a PCS date.

So, if the PCS date (and not training date or temporary duty date) if before 1 December, then they can get out of the lease early.

[effiej]

A person in military, can he break a lease?