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Thread: Military Clause for Lease

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    #1

    Military Clause for Lease

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    DBs has been having a hard time finding a copy of a military clause recommended by his command (they keep saying I'll send it to you and never do) so I googled and found this one from the Coast Guard. Does this sound sufficient to cover both him breaking the lease and also myself as we will not be married when we sign the lease but will be before breaking it.

    IN THE EVENT the Tenant is, or hereafter becomes, a member of the United States Armed Forces on extended active duty and hereafter the Tenant receives permanent change of station orders to depart from the area where the Premises are located, or is relieved from active duty, retires or separates from the military, or is ordered into military housing, then in any of these events, the Tenants may terminate this lease upon giving thirty (30) days written notice to the Landlord. The Tenant shall also provide to the Landlord a copy of the official orders or a letter signed by the tenant's commanding officer, reflecting the change, which warrants termination under this clause. The Tenants will pay prorated rent for any days they occupy the dwelling past the first day of the month.

    The damage/security deposit will be promptly returned to the tenant, provided there are no damages to the premises.
    I added the "s" to tenants in some places to cover myself as well as DB. My landlord is pretty easy going and I don't see it being an issue since we have been open about our plans with him since before I moved in but I just want to make sure this is 1) sufficient and 2) nothing is missed that needs to be covered.

    thanks
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    #2
    The "Military Clause" is written into almost all state statutes. It is not required to be in the actual lease, for it to be available for use in those states. Depending on the State, it can be waived, but only if it is written into the lease and waived in that lease. Some states, such as Florida, do not allow it to be waived.

    If you are married when he deploys, AND you are on his orders (does not need to specify you by name, but the orders are "accompanied" with dependents) then you are also covered.

    [It does not cover TDY or deployments, however. ] Edit: It depends on the State. In Virginia, TDY may be covered.

    Rather than make everything plural, just add "(s)" without the quotes.

    Here is one form:
    http://www.uscg.mil/BaseCapeCod/form...ary_Clause.pdf

    Here is the Virginia Statute:
    Code of Virginia § 55-248.21:1 - Early termination of rental agreement by military personnel :: Chapter 13.2 - Virginia Residential Landlord and Tenant Act :: Title 55 — PROPERTY AND CONVEYANCES. :: 2006 Code of Virginia :: Code of Virginia :: US

    55-248.21:1. Early termination of rental agreement by military personnel.

    A. Any member of the armed forces of the United States or a member of theNational Guard serving on full-time duty or as a Civil Service technicianwith the National Guard may, through the procedure detailed in subsection B,terminate his rental agreement if the member (i) has received permanentchange of station orders to depart 35 miles or more (radius) from thelocation of the dwelling unit; (ii) has received temporary duty orders inexcess of three months' duration to depart 35 miles or more (radius) from thelocation of the dwelling unit; (iii) is discharged or released from activeduty with the armed forces of the United States or from his full-time duty ortechnician status with the National Guard; or (iv) is ordered to report togovernment-supplied quarters resulting in the forfeiture of basic allowancefor quarters.

    B. Tenants who qualify to terminate a rental agreement pursuant to subsectionA shall do so by serving on the landlord a written notice of termination tobe effective on a date stated therein, such date to be not less than 30 daysafter the first date on which the next rental payment is due and payableafter the date on which the written notice is given. The termination dateshall be no more than 60 days prior to the date of departure necessary tocomply with the official orders or any supplemental instructions for interimtraining or duty prior to the transfer. Prior to the termination date, thetenant shall furnish the landlord with a copy of the official notification ofthe orders or a signed letter, confirming the orders, from the tenant'scommanding officer.

    The final rent shall be prorated to the date of termination and shall bepayable at such time as would have otherwise been required by the terms ofthe rental agreement.

    The landlord may not charge any liquidated damages.

    C. Nothing in this section shall affect the tenant's obligations establishedby 55-248.16.

    D. The exemption provided in subdivision 10 of subsection A of 55-248.5shall not apply to this section.

    (1977, c. 427; 1978, c. 104; 1982, c. 260; 1983, c. 241; 1986, c. 29; 1988,c. 184; 2000, c. 760; 2002, c. 760; 2005, c. 742; 2006, c. 667.)

    Maryland has a similar Statute, but a move to government housing is NOT covered.

    Washington DC Does NOT have this written into the Statute.

    However, no matter what the State's Statute says, you and the landlord can agree in the lease to ADD to your rights. For example, if TDY is NOT covered under Statute, you and the landlord can still agree to cover it, but it needs to be in the lease.

    It is more difficult, and sometimes not allowed to DECREASE your rights. Technically an enlisted AD is NOT allowed, by the military, to sign a lease which waives or decreases the rights of the State's statute. If the State does not have the Statute, the clause MUST be written into the lease. Big trouble can ensue if the member does not follow this. I believe officers are given more leway, because they are presumed to be more....responsible/intelligent/commoner sense possessing/etc
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    #3
    Quote Originally Posted by Guynavywife View Post
    The "Military Clause" is written into almost all state statutes. It is not required to be in the actual lease, for it to be available for use in those states. Depending on the State, it can be waived, but only if it is written into the lease and waived in that lease. Some states, such as Florida, do not allow it to be waived.

    If you are married when he deploys, AND you are on his orders (does not need to specify you by name, but the orders are "accompanied" with dependents) then you are also covered.

    [It does not cover TDY or deployments, however. ] Edit: It depends on the State. In Virginia, TDY may be covered.

    Rather than make everything plural, just add "(s)" without the quotes.

    Here is one form:
    http://www.uscg.mil/BaseCapeCod/form...ary_Clause.pdf

    Here is the Virginia Statute:
    Code of Virginia § 55-248.21:1 - Early termination of rental agreement by military personnel :: Chapter 13.2 - Virginia Residential Landlord and Tenant Act :: Title 55 €” PROPERTY AND CONVEYANCES. :: 2006 Code of Virginia :: Code of Virginia :: US

    55-248.21:1. Early termination of rental agreement by military personnel.

    A. Any member of the armed forces of the United States or a member of theNational Guard serving on full-time duty or as a Civil Service technicianwith the National Guard may, through the procedure detailed in subsection B,terminate his rental agreement if the member (i) has received permanentchange of station orders to depart 35 miles or more (radius) from thelocation of the dwelling unit; (ii) has received temporary duty orders inexcess of three months' duration to depart 35 miles or more (radius) from thelocation of the dwelling unit; (iii) is discharged or released from activeduty with the armed forces of the United States or from his full-time duty ortechnician status with the National Guard; or (iv) is ordered to report togovernment-supplied quarters resulting in the forfeiture of basic allowancefor quarters.

    B. Tenants who qualify to terminate a rental agreement pursuant to subsectionA shall do so by serving on the landlord a written notice of termination tobe effective on a date stated therein, such date to be not less than 30 daysafter the first date on which the next rental payment is due and payableafter the date on which the written notice is given. The termination dateshall be no more than 60 days prior to the date of departure necessary tocomply with the official orders or any supplemental instructions for interimtraining or duty prior to the transfer. Prior to the termination date, thetenant shall furnish the landlord with a copy of the official notification ofthe orders or a signed letter, confirming the orders, from the tenant'scommanding officer.

    The final rent shall be prorated to the date of termination and shall bepayable at such time as would have otherwise been required by the terms ofthe rental agreement.

    The landlord may not charge any liquidated damages.

    C. Nothing in this section shall affect the tenant's obligations establishedby 55-248.16.

    D. The exemption provided in subdivision 10 of subsection A of 55-248.5shall not apply to this section.

    (1977, c. 427; 1978, c. 104; 1982, c. 260; 1983, c. 241; 1986, c. 29; 1988,c. 184; 2000, c. 760; 2002, c. 760; 2005, c. 742; 2006, c. 667.)

    Maryland has a similar Statute, but a move to government housing is NOT covered.

    Washington DC Does NOT have this written into the Statute.

    However, no matter what the State's Statute says, you and the landlord can agree in the lease to ADD to your rights. For example, if TDY is NOT covered under Statute, you and the landlord can still agree to cover it, but it needs to be in the lease.

    It is more difficult, and sometimes not allowed to DECREASE your rights. Technically an enlisted AD is NOT allowed, by the military, to sign a lease which waives or decreases the rights of the State's statute. If the State does not have the Statute, the clause MUST be written into the lease. Big trouble can ensue if the member does not follow this. I believe officers are given more leway, because they are presumed to be more....responsible/intelligent/commoner sense possessing/etc
    thank you!! that Coast Guard one was my template originally. So because VA has that code I do not need to add an addendum to my lease at all?
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    #4
    Quote Originally Posted by Wild*Rose View Post
    thank you!! that Coast Guard one was my template originally. So because VA has that code I do not need to add an addendum to my lease at all?
    DB has broken a residential lease in VA for a PCS move. As far as I know the lease did not specifically state or not state any clause. When he wanted to terminate (only lived there for 3 months) he stated the Servicemembers's Civil Relief Act (which I believe is federal and not branch specific) and provided official orders. The orders did have to be provided 30 days in advance of termination date. I assume you guys are Quantico area (?) if so I would think landlords would be used to dealing with military.
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    #5
    Be careful, since you were in that place before he was, and if you are not married when you sign the lease a landlord can say the clause doesn't apply to you. Especially if it very close to him leaving. I have known people to move in together, after 30 days get married, and 30 days later leave and the spouse wasn't allowed to use the military clause because they were established in that residence before military, and it was deemed they got married to get out of the lease.

    I know a stretch in that particular instance, but I'd be careful and cover yourself just in case. More times than not I have seen it to where the spouse could not be covered if they were not married at time of signing lease.

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    #6
    Quote Originally Posted by PaUSMC View Post
    DB has broken a residential lease in VA for a PCS move. As far as I know the lease did not specifically state or not state any clause. When he wanted to terminate (only lived there for 3 months) he stated the Servicemembers's Civil Relief Act (which I believe is federal and not branch specific) and provided official orders. The orders did have to be provided 30 days in advance of termination date. I assume you guys are Quantico area (?) if so I would think landlords would be used to dealing with military.
    Its quite the opposite here.. meaning.. because there is so much military they are well versed and its hard to get away with the clause with very specific paperwork and following the lines perfectly.

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    #7
    Quote Originally Posted by TrishAFSpouse View Post
    Be careful, since you were in that place before he was, and if you are not married when you sign the lease a landlord can say the clause doesn't apply to you. Especially if it very close to him leaving. I have known people to move in together, after 30 days get married, and 30 days later leave and the spouse wasn't allowed to use the military clause because they were established in that residence before military, and it was deemed they got married to get out of the lease.

    I know a stretch in that particular instance, but I'd be careful and cover yourself just in case. More times than not I have seen it to where the spouse could not be covered if they were not married at time of signing lease.
    yea this is what we are trying to avoid is me getting stuck. We're def not going to rush and get married before signing the lease since we have to re-sign it next month; its why in some places i changed it to tenants instead of tenant...My landlord already knows whats going on (we told him before I even signed my first lease last July) and he says he will work with us but I still feel the need to CYA. We're also debating doing this lease just in DBs name--its only in mine right now so it wouldn't be changing the status quo other than he might guess why we are doing it but idk how versed he is in military.

    ETA: we will also be here for most of the lease (8 months).
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    #8
    Quote Originally Posted by Wild*Rose View Post
    yea this is what we are trying to avoid is me getting stuck. We're def not going to rush and get married before signing the lease since we have to re-sign it next month; its why in some places i changed it to tenants instead of tenant...My landlord already knows whats going on (we told him before I even signed my first lease last July) and he says he will work with us but I still feel the need to CYA. We're also debating doing this lease just in DBs name--its only in mine right now so it wouldn't be changing the status quo other than he might guess why we are doing it but idk how versed he is in military.

    ETA: we will also be here for most of the lease (8 months).
    Tricky indeed, having it in his name would help I'm sure. Can't imagine it'd be easy to 'prove' you did that just for the clause. But definitely need the CYA.

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    #9
    Quote Originally Posted by TrishAFSpouse View Post
    Tricky indeed, having it in his name would help I'm sure. Can't imagine it'd be easy to 'prove' you did that just for the clause. But definitely need the CYA.
    exactly and i do have the sort of job where I could get stuck and miss a scheduled appt.
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    #10
    Quote Originally Posted by TrishAFSpouse View Post
    Its quite the opposite here.. meaning.. because there is so much military they are well versed and its hard to get away with the clause with very specific paperwork and following the lines perfectly.
    I'm sure it depends on the landlord. His place in Quantico area was a huge apartment complex and they didn't cause an issue, just requested the orders and a letter. Which ended up being a little bit of a pain because he didn't get official orders until a few days before his report date. So he ended up paying for an additional months rent.

    If you decide to put only his name on the lease be careful because almost all leases have a requirement to add everyone living at the residence. But if he is living with you now anyway, I guess your landlord doesn't have a problem with only having one person. Eight months is long enough that I would hope they would be reasonable.
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