Can orders break a apartment contract?

pranqster

PEB Forum Regular Member
Registered Member
My apartment complex is saying that i have to show them orders and from that point on is one month notice. I thought orders just voided whatever contract they had written?
 
Both of you are correct, but they have to refund you your deposit if any is left over. Your orders must place you at least 50 miles away from your current location to apply. You giving them orders infact does void the contract, but they are giving you the benefit of the doubt by letting you stay for another month without you moving out and they can not get a new renter in time. They are looking out for their interests at the moment. Are you wanting to move out right now? Or when you go on leave? Or waiting till your actual AD seperation ETS date?
 
As soon as I go on terminal leave/ptad. Im waiting for my new EAS or ETS to post and more than likely 2 weeks after that point. my goal would have been out before septemember.
 
Yeah, then you may want to talk to JAG on that one if they refuse to let you out of the lease...
 
The Servicemember's Civil Relief Act allows military tenants to break their leases when their military orders require them to move, e.g. to a new duty station. However, state laws can and do impact that ability. For example, if you live in Norfolk, you couldn't break your lease if you were PCS'ing from Little Creek to Naval Station Norfolk. But, if you were going from Dam Neck to Yorktown, it might be possible. Further, in Virginia, your security deposit is pro rated over the length of the first year.

I HIGHLY recommend that you talk with a JAG to break the lease properly. Just because you can do it by law, doesnt mean that the landlord will follow the law and will be hell until you have a court prove you right and force the landlord to comply
 
I will stop by base legal and see if they can answer my questions. But ill throw it on here anyways, basically, if i wanted out in two weeks instead of a month(they require a 30 day notice with orders, even if you stay for one day in the new month, you have to pay full months rent.) could I get out? I think my new EAS is going to be real short notice because of the time their taking to generate it. Which means im going to need to go home on short notice.
 
BLUF: Yes. You must give 30 days notice. For example, if you give notice on January 29, your last day in the apartment will be Feb 28th. Give notice on January 4, the last day will be Feb 28th. The 30 days are the 30 days of a calendar month. This is the standard. Your lease and your state may be different. Remember, you can always talk to your landlord and tell him what is going on and I'll bet he will be willing to work with you. Good luck.
 
Federal law trumps state law on these points.
 
Federal law trumps state law on these points.

Except where, as in Virginia, the state is permitted to work within the bounds of the federal law. Virginia law does not say that a military tenant cannot break their lease, it merely states there are conditions on the termination that do not infringe upon a Servicemember's federal rights. See this from the Military District of Washington SJA office on VA lease law:
(http://www.mdw.army.mil/sja/Landlord-Tenant/Early Termination of Lease.pdf)
 
Which means that Federal Law trumps state laws...the states can give more, they cannot take away rights given by Federal law.
 
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