Question on terminating a lease for the services
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10-22-2005 08:14 PM
Board Supporter
Question on terminating a lease for the services
Hi all! This is really a question for my recruiter, but their offices are closed Sundays and I would like to make a decision on this before the end of the month, so I need a little time to prepare.
I plan to move out of my college apartment complex and live with my parents for the few months before I ship to boot camp (USMC) to save a a few thousand bucks. I know the services can get you out of leases, contracts, etc. But what I do not know is whether the leases can be cancelled right when you enlist or only when you actually ship to recruit training, as my ship out date would be a few months after I enlist. I plan to enlist within the next week or two, so if they can cancel leases when you enlist, I will sign before October ends so as to not have to pay November rent. Otherwise I guess I will be stuck with paying rent until February, my ship date.
Thank you to whomever can help!
Brian
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10-22-2005 08:40 PM
Registered User
Only if your lease has a military clause in it. If it does it usually involves if you are moving out of a cetain area(like 50 miles). If you go to your land lord and explain you're moving because you are joining the military they will probbly let you out without any problems just make sure you are up front when you are leaving and make sure you clean the place.
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10-23-2005 08:29 PM
Ectomorph man
I agree. Take care of them, they take care of you.... usually
If not have your recruiter go 'talk' to them
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10-23-2005 08:43 PM
More Cowbell
Originally Posted by Jayhawkk
If you go to your land lord and explain you're moving because you are joining the military they will probbly let you out without any problems
I wouldn't bank on that.. It depends on the apt. management company. Some can be pricks, while others are very supportive of the troops. Hopefully, for your sake, it's the latter.
Oh, good luck in the Corps!!!!
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10-23-2005 09:05 PM
Board Supporter
I talked to the office today but since it was friday there were no grown-ups there. So no one knew exactly. But there was no mention of it in the lease... :/
I think they're going to try to put me on that wait list where the only way you can cancel is if someone else wants to move in. I will definately have my recruiter talk to them
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10-24-2005 12:46 AM
Sponsor
Originally Posted by Jayhawkk
Only if your lease has a military clause in it. If it does it usually involves if you are moving out of a cetain area(like 50 miles). If you go to your land lord and explain you're moving because you are joining the military they will probbly let you out without any problems just make sure you are up front when you are leaving and make sure you clean the place.
Actually clause or no clause the SMCR act covers his ass... thats why the military clause is useless in the United States.
Major Legal Protections
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.
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10-24-2005 02:50 AM
Ectomorph man
Well there's your answer right there
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