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Thread: servicemember relief act

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    #1

    servicemember relief act

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    I've posted this at another board and wanted to see if anyone else had any experience also. Backstory, I told my landlord when I moved in that my husband was in the military and that he could get orders at some point, but at the time I signed a 6 month rental agreement the Navy told us a year. And she was cool at the time. I told her the day that DH got his PCS orders which was May 16th that I would be moving in a month. She was cool at the time, since I had given her a 30 day notice at that time. I went and paid rent yesterday and now my landlord has decided to NOT be cool about me moving out now, and since she said that she talked to a lawyer and since I'm breaking my lease and putting her in a bind, I will have to pay till someone moves in, which I had told her when I was leaving so that we could get it rented out sooner. but I am moving out this weekend so that she can put it in the paper sooner (because the lawyer said she couldnt put it in till I'm out) and I'm going to put my stuff at my moms and in my friends basement, so that she can try to rent it out. DH told me to give her written notice, a copy of his orders and then the rent for the whole month, which when I talked to her last month it was cool to give her the part of the month. I should have gotten that in writting. Just wondering what others have gone through if anything related to the Servicemembers Relief act that states that if SM gets PCS orders for longer than 30 days the lease can be broken so that SM and dependents can move to new PDS. DH is not on the lease, I do have a POA, but we have never lived together, we have been waiting for the Navy to finally give him orders. I have paid part of the rent and I am going to pay the rest to her, I dont mind because I feel bad and all, and I am hoping by me leaving earlier can get it rented out sooner for her.
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    #2
    Quote Originally Posted by sailorprincess07 View Post
    I've posted this at another board and wanted to see if anyone else had any experience also. Backstory, I told my landlord when I moved in that my husband was in the military and that he could get orders at some point, but at the time I signed a 6 month rental agreement the Navy told us a year. And she was cool at the time. I told her the day that DH got his PCS orders which was May 16th that I would be moving in a month. She was cool at the time, since I had given her a 30 day notice at that time. I went and paid rent yesterday and now my landlord has decided to NOT be cool about me moving out now, and since she said that she talked to a lawyer and since I'm breaking my lease and putting her in a bind, I will have to pay till someone moves in, which I had told her when I was leaving so that we could get it rented out sooner. but I am moving out this weekend so that she can put it in the paper sooner (because the lawyer said she couldnt put it in till I'm out) and I'm going to put my stuff at my moms and in my friends basement, so that she can try to rent it out. DH told me to give her written notice, a copy of his orders and then the rent for the whole month, which when I talked to her last month it was cool to give her the part of the month. I should have gotten that in writting. Just wondering what others have gone through if anything related to the Servicemembers Relief act that states that if SM gets PCS orders for longer than 30 days the lease can be broken so that SM and dependents can move to new PDS. DH is not on the lease, I do have a POA, but we have never lived together, we have been waiting for the Navy to finally give him orders. I have paid part of the rent and I am going to pay the rest to her, I dont mind because I feel bad and all, and I am hoping by me leaving earlier can get it rented out sooner for her.

    I think for the relief act to be applicable your DH has to be on the lease. At least that's what I was informed by the Army--I always put DH on everything because most relief acts only work for the soldier/sailor not for the dependents. I would consult JAG to be sure.
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    #3
    i think there may have to be a military clause in your lease too, not completely sure but i think so.


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    I would take your lease to your legal office. They will be able to advise you. Often a letter from them will sort it out. I don't know the rules when he is not on the lease, but since you're married it should apply (you'd think). Check for a military clause in your lease. A lot of them already have that. You have to give 30 days notice and pay the full month, but that's it.
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    #5
    Quote Originally Posted by ily.mmw View Post
    i think there may have to be a military clause in your lease too, not completely sure but i think so.
    My DH and I asked about that for our apartment and we made sure it was in our lease.
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    #6
    Quote Originally Posted by petsparkle View Post
    I would take your lease to your legal office. They will be able to advise you. Often a letter from them will sort it out. I don't know the rules when he is not on the lease, but since you're married it should apply (you'd think). Check for a military clause in your lease. A lot of them already have that. You have to give 30 days notice and pay the full month, but that's it.
    i agree.
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    Im in WV, so I dont have access to the legal office where he is. Its not a lease per say, its a rental agreement for 6 months. so IDK.
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    #8
    i found something, it says that the scra does not help you break a lease in all circumstances and such

    http://www.uscg.mil/legal/la/topics/...ry_clause.html


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    #9
    Quote Originally Posted by sailorprincess07 View Post
    Im in WV, so I dont have access to the legal office where he is. Its not a lease per say, its a rental agreement for 6 months. so IDK.
    you dh was living with you at the apt initially, right? as in, his orders were in that area? you can access the legal office at any base.
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    #10
    My DH and got out of our lease with his orders...He was on the lease but I don't know if that should matter due to you being married to him. If he's in the military your in the military and the clause should take effect for the both of you...but thats just my opinion...look into it...
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