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Thread: This doesn't seem legal...

  1. La vie boheme
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    #1

    Suspicious This doesn't seem legal...

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    I think we might end up having to fight our apartment complex to get out of our lease.


    Long story short....Signed in March of last year, I get a new lease on my door back in December stating I had until the end of the week to sign it, I signed (MY) name but didn't bother faxing it to Justin to sign because it stated we had 60 days prior to April 1st to decide. I go into the office first of February (I still had 60 days..) to gather information and change paperwork and was told "we'll get back to you." Went in again and was told "60 days is up and you signed it...we can't do a new contract and it's going to cost you 2500 to get out of the lease yadda yadda yadda." They didn't even give me a copy of my lease mind you so Justin and I started going through all of our paperwork because it seemed very fishy to us. We also spoke with another leasing agent who stated, "that's not true at all...as long as you request a change prior to the 60 days effective date it's not an issue to do another contract. You need to seek legal advice on this one because that's a lie."

    Turns out I didn't sign Justin's name to it and even so I didn't have legal POA. I also read through our current/original lease and it states in section 27: "No subsequent amendment to the Lease shall be binding unless in writing and signed by the parties hereto." Which means without him signing it it's null and void. He also found something in the civil service relief act that states a lease contract is effective up until the soldier returns from redeployment. Well Justin called the front office and upon talking to the manager he mentioned these two points where she got very quiet and responded, "I mean this is the nicest way possible but you and your wife use the military to manipulate things into whatever works best for you" and then said, "this is out of my hands and I will have to relay this to our attorney."

    That really ticked him off (and me) because we don't decide when he leaves and comes home...the military does, hence why they have legalities in place for that reason!

    I told Justin not to sweat it because now it becomes a game of bluff and who's going to concede. I also doubt they are willing to pay their attorney twice the amount in question. Even so, I'm still going to consult legal advice (he's already spoken with JAG) if we all can't come to some agreement by next week.


    If anyone has any information or advice concerning this or a similar matter please feel free to delve into it and inform lil' ol me.

    Let us not love with words or speech but with actions and in truth. - 1 John 3:18
  2. Formerly known as coloradokitkat
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    #2
    Wow.....your apartment office must not deal with military families often to be saying bullshit like that to your husband. Little do they know that those military clauses are there for good reasons and they cannot force you to stay there, no matter how much they pay their attorney. They may have an attorney but you have laws on your side and no matter how good he/she is, you'll win. Oh and with apartment offices, they will threaten lawsuits and legal action until they are blue in the face but, from my knowledge (friends, family, etc.), they are all talk because it costs more for them to pay for a lawsuit than they would get back from the "breaking the lease" money anyways.
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    #3
    Quote Originally Posted by Experiment 626 View Post
    Wow.....your apartment office must not deal with military families often to be saying bull**** like that to your husband. Little do they know that those military clauses are there for good reasons and they cannot force you to stay there, no matter how much they pay their attorney. They may have an attorney but you have laws on your side and no matter how good he/she is, you'll win. Oh and with apartment offices, they will threaten lawsuits and legal action until they are blue in the face but, from my knowledge (friends, family, etc.), they are all talk because it costs more for them to pay for a lawsuit than they would get back from the "breaking the lease" money anyways.
    Good to know we are breaking our lease and moving too
  4. Formerly known as coloradokitkat
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    #4
    Quote Originally Posted by nikitaaa View Post
    Good to know we are breaking our lease and moving too
    Do you have a legal right to do so? I want you to know that just because you're military doesn't mean you can break your lease. But if you are PCSing or he is deploying for more than 90 days, you can break your lease under the Service Relief Act with no consequences. Just take in his orders and they have no choice if that's what you want to do. And at any time during the deployment you can break the lease, if you have POA, you just have to give the office a 30-day notice.
  5. Love you with all my heart!
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    #5
    Quote Originally Posted by Experiment 626 View Post
    Do you have a legal right to do so? I want you to know that just because you're military doesn't mean you can break your lease. But if you are PCSing or he is deploying for more than 90 days, you can break your lease under the Service Relief Act with no consequences. Just take in his orders and they have no choice if that's what you want to do. And at any time during the deployment you can break the lease, if you have POA, you just have to give the office a 30-day notice.
    The only way you can break your lease if your SO is deployed is if it is a certain mile radius from your current lease. I want to say 50 or 60 miles. You cant just move across town just because of a deployment.
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    #6
    I'm not really sure how the soldier's and sailor's relief act is going to help you on this. It sounds to me like your lease is good until the end of March, whether or not you signed the one you got in December. That's going to cover the part of the relief act that says the contract is still valid. Since he's not newly deployed or PCSing, a military clause or relief act isn't going to allow you to break your lease.

    Are you trying to void the new lease that you signed in December? Why, and why did you sign it in the first place? I understand that they can change the lease... they wrote it, there's no reason they couldn't if they wanted to and you agreed to it... but why would they if the lease they have, that you signed, works to their advantage?

    I think your only saving grace at this point is going to be the fact that your husband didn't sign it. Given the fact that you're married... I dunno. I would think that you're stuck.

    Sorry, but I have to agree with your landlord. The relief act wasn't created to protect us from buyer's remorse.
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    #7
    Quote Originally Posted by Experiment 626 View Post
    Wow.....your apartment office must not deal with military families often to be saying bull**** like that to your husband. Little do they know that those military clauses are there for good reasons and they cannot force you to stay there, no matter how much they pay their attorney. They may have an attorney but you have laws on your side and no matter how good he/she is, you'll win. Oh and with apartment offices, they will threaten lawsuits and legal action until they are blue in the face but, from my knowledge (friends, family, etc.), they are all talk because it costs more for them to pay for a lawsuit than they would get back from the "breaking the lease" money anyways.
    Oh, and just FYI, something like this would fall into small claims. Typically costs less than $50 to file in small claims, and they won't need a lawyer to handle it any further than to tell them to go to court. Don't count on them not wanting to go to court over this. It's not that big of a hassle.
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    #8
    Does all of the bolded fit your situation?
    Termination of Pre-Service Lease Agreements

    A service member who is leasing/renting property used for dwelling, professional, business, agricultural or similar purposes may terminate a lease that was 1) signed before the service member entered active duty and 2) the lease/rented premises have been occupied for the above purposes by the service member or his/her dependents.

    The service member must deliver written notice of termination to the landlord after entry on active duty or receipt of orders for active duty. The termination date for a month-to-month lease/rental is 30 days after the first date on which the next rental payment is due after the termination notice is delivered. For example, if rent is due on the 1st of the month and notice is delivered to the landlord on August 5th, the next rent due is September 1st. Therefore, the lease/rental agreement will terminate on October 1st. For all other lease/rental agreements, the termination date will be the last day of the month after the month in which the notice was given. For example, if the term of the lease/rental agreement is yearly and notice was given August 5th, then the termination date will be September 30th.

    If the rent has been paid in advance, then the landlord must return any unearned portion. The landlord may not withhold the refund of a service memberís security deposit for early termination of the lease/rental agreement. However, the landlord may withhold return of the security deposit for damages, repairs, and other lawful provisions of the lease/rental agreement.

    It's important to understand that, under the SSCRA, a lease can only be terminated if entered into before one goes onto active duty. The SSCRA has no provisions for terminating leases entered into after entry on active duty. Several (not all) states have laws which allow military members to break their leases in the event they must move due to military orders. In those states which do not have such laws, it is important that the active duty member ensure his/her lease contains a "military clause," which allows the member to terminate the lease in the event he/she must move due to military orders. Most bases require servicemembers to have leases approved by the local military housing office. One of the reasons for this is to ensure that the lease contains a "military clause."
  9. Formerly known as coloradokitkat
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    #9
    Quote Originally Posted by Shantell12 View Post
    The only way you can break your lease if your SO is deployed is if it is a certain mile radius from your current lease. I want to say 50 or 60 miles. You cant just move across town just because of a deployment.
    We did
  10. Formerly known as coloradokitkat
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    #10
    Servicemembers Civil Relief Act (SCRA) Section 305 - Termination of residential or motor vehicle leases More of this Feature SCRA Main Menu
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    Servicemembers Civil Relief Act
    SSCRA of 1940 (Old Law)
    (a) TERMINATION BY LESSEE- The lessee on a lease described in subsection (b) may, at the lessee's option, terminate the lease at any time after--
    (1) the lessee's entry into military service; or
    (2) the date of the lessee's military orders described in paragraph (1)(B) or (2)(B) of subsection (b), as the case may be.
    (b) COVERED LEASES- This section applies to the following leases:
    (1) LEASES OF PREMISES- A 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 if--
    (A) the lease is executed by or on behalf of a person who thereafter and during the term of the lease enters military service; or
    (B) the servicemember, while in military service, executes the lease and thereafter receives military orders for a permanent change of station or to deploy with a military unit for a period of not less than 90 days.
    (2) LEASES OF MOTOR VEHICLES- A lease of a motor vehicle used, or intended to be used, by a servicemember or a servicemember's dependents for personal or business transportation if--
    (A) the lease is executed by or on behalf of a person who thereafter and during the term of the lease enters military service under a call or order specifying a period of not less than 180 days (or who enters military service under a call or order specifying a period of 180 days or less and who, without a break in service, receives orders extending the period of military service to a period of not less than 180 days); or
    (B) the servicemember, while in military service, executes the lease and thereafter receives military orders for a permanent change of station outside of the continental United States or to deploy with a military unit for a period of not less than 180 days.
    (c) MANNER OF TERMINATION-
    (1) IN GENERAL- Termination of a lease under subsection (a) is made--
    (A) by delivery by the lessee of written notice of such termination, and a copy of the servicemember's military orders, to the lessor (or the lessor's grantee), or to the lessor's agent (or the agent's grantee); and
    (B) in the case of a lease of a motor vehicle, by return of the motor vehicle by the lessee to the lessor (or the lessor's grantee), or to the lessor's agent (or the agent's grantee), not later than 15 days after the date of the delivery of written notice under subparagraph (A).
    (2) DELIVERY OF NOTICE- Delivery of notice under paragraph (1)(A) may be accomplished--
    (A) by hand delivery;
    (B) by private business carrier; or
    (C) by placing the written notice in an envelope with sufficient postage and with return receipt requested, and addressed as designated by the lessor (or the lessor's grantee) or to the lessor's agent (or the agent's grantee), and depositing the written notice in the United States mails.
    (d) EFFECTIVE DATE OF LEASE TERMINATION-
    (1) LEASE OF PREMISES- In the case of a lease described in subsection (b)(1) that provides for monthly payment of rent, termination of the lease under subsection (a) is effective 30 days after the first date on which the next rental payment is due and payable after the date on which the notice under subsection (c) is delivered. In the case of any other lease described in subsection (b)(1), termination of the lease under subsection (a) is effective on the last day of the month following the month in which the notice is delivered.
    (2) LEASE OF MOTOR VEHICLES- In the case of a lease described in subsection (b)(2), termination of the lease under subsection (a) is effective on the day on which the requirements of subsection (c) are met for such termination.
    (e) ARREARAGES AND OTHER OBLIGATIONS AND LIABILITIES- Rents or lease amounts unpaid for the period preceding the effective date of the lease termination shall be paid on a prorated basis. In the case of the lease of a motor vehicle, the lessor may not impose an early termination charge, but any taxes, summonses, and title and registration fees and any other obligation and liability of the lessee in accordance with the terms of the lease, including reasonable charges to the lessee for excess wear, use and mileage, that are due and unpaid at the time of termination of the lease shall be paid by the lessee.

    **No where does it say there is a set distance away that you have to move to**
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