@Joelf - Eagleone is pretty much right on here. But, I want to point a something from a contractual point of view in your lease from the excerpt provided.I'm sure you were asking the OP, but I am stationed in Oklahoma. The applicable portion of my lease is as follows:
"Tenants agree to a minimum rental period of twelve (12) months, total of $9000. It is agreed between the parties that in the event of the ARMED FORCES TRANSFER requiring tenants to move to another city then said twelve (12) month period shall not be binding upon tenants. A COPY OF THE TRANSFER MUST BE REMITTED TO OWNER! This lease CANNOT be broken upon receiving Post Quarters - ABSOLUTELY NO ACCEPTIONS!!! If tenants move out prior to the expiration of the 12 month lease, for any reason (i.e. job transfer), the tenant will owe the landlord a $1000 lease breaking fee. Tenant will be obligated to pay rent until the house is re-rented or the lease expires, whichever occurs first."
*This is verbatim, all formatting, gramatical/spelling errors, etc are exactly as they appear in the lease. Also, I was asked to initial next to several of the sentences...evidently to drive the point home.
When I PCS'd here, an MEB/PEB wasn't even remotely on my radar, so it never occurred to me to request 'separation/retirement' be added to the clause.
You still have a lease, but you're not breaking it or technically "breaking it legally." The lease is still binding, but the clause allows you special treatment in the event you move.Is it faulty logic to make this argument?
The $1000 lease breaking fee is owed if the tenant moves out prior to the expiration of the 12 month lease + providing orders to the landlord renders the lease non-binding on the tenant = there is no lease to break, therefore no fee is owed.
Pittpan2005 - Even though it is a state issue, the UCC still applies and the landlord is bond by this whether he/she knows it. So, if it should go to court and the legal system finds that the contract signed was not binding. The courts will default to the UCC and cases related to this issue. To put it simply, a landlord cannot act outside of what is know as goodfaith when contracting. And, from the looks of the the excerpt provided he, or she has never seen the UCC or consulted a lawyer prior to creating a leasing agreement.You still have a lease, but you're not breaking it or technically "breaking it legally." The lease is still binding, but the clause allows you special treatment in the event you move.
This is a state issue so research the state laws for Oklahoma. Like others said seek legal counsel on this. If your landlord isn't playing well, lead him to the opinion thats in his best interest to just let you out of it.