Military Nesties
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Paperwork needed for breaking a lease

When DH gets his orders sometime either next month or early November, we will be having to break our lease at our current rental.  We don't have a military clause in our lease since DH didn't leave for boot camp until after we signed the lease for the year, but I'm pretty sure we are covered under SCRA.  I'm just wondering what type of paperwork we will need to show our landlord. Will I need to give them a copy of DH's orders?

Ok... follow up question. Sorry for the length.  I was reading this description (below) and I'm confused. If we get orders in October (DH graduates in early November from SOI), would that mean we need to pay November's rent and December's rent, or just November's rent and be out by the end of the month?

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).

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Re: Paperwork needed for breaking a lease

  • Yes, you will need to show/give the landlord orders. 

    Your scenario depends on what date rent is due and what date you give notice.  Let's say your rent is due the 1st of every month.  Your H gets orders on October 20th and you give notice (in writing) that same day.  You have to pay rent November 1st, then be out before rent is due again, so your effective termination date would be 1 December (day prior, really).  That's the date that ideally, your landlord would have a new tenant moved in.

    Twin boys due 7/25/12
  • Thanks for the clarification!
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  • You don't need a military clause in your lease.  Landlords are bound by the Servicemember Civil Relief Act, regardless what you signed, which allows you to break a lease without penalty.  State laws also may further define it.  How much notice you are required to give probably depends on the state.  Talk to your housing office since they should know the specifics for you locally.
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