Terminating lease

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.
UCC is adopted by 49 of 50 states. It is not Federal; ie code. Each state, except for Louisiana, has adopted the UCC in some way, but it's incorporated into each state differently. UCC is not uniform across the country(it's intent was/is uniformity), but that's why it must be viewed within the state retaining jurisdiction. In this example Oklahoma. If the UCC doesn't cover/explain the situation at hand then common law applies.
 
*UPDATE* Separation orders are PCS orders. If the military is paying for you to move (no matter where) its a PCS.
 
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.

Thoughts?

Joelf,

The State is almost always more military-friendly than the Feds. That is why it is important to find out what the State Codes are. The worse case scenario is that the State is the same as the Feds. The State CAN NOT be more limiting to the Service Member than federal law. Go to the JAG and find out about State protection AND bring the lease and find out if it is enforceable to a retiree and that retirement change of station orders means what we think it does (i.e. PCS from Ft. Sill to Ft. Livingroom).
 
UCC is adopted by 49 of 50 states. It is not Federal; ie code. Each state, except for Louisiana, has adopted the UCC in some way, but it's incorporated into each state differently. UCC is not uniform across the country(it's intent was/is uniformity), but that's why it must be viewed within the state retaining jurisdiction. In this example Oklahoma. If the UCC doesn't cover/explain the situation at hand then common law applies.

A bit of background on contracts and UCC. http://www.utsa.edu/purchasing/contracts/definition.cfm.. Also, please note the UCC is a guide line by which the contract language and terms, conditions are crafted. In this case, an agreement was made between Joelf, and the landlord. However, it appears the landlord has tried to tailor the contract in such a way that makes it non-binding. Spelling errors and all, this is when the UCC is applied or when said contract never existed and only a verbal commitment/agree has been reached with money exchanged. Mind you, I am not a legal expert, but I have 4 years of contract law, and writing contracts for Lockheed Martin, prior to being rated unemployable by the VA.
 
A bit of background on contracts and UCC. http://www.utsa.edu/purchasing/contracts/definition.cfm.. Also, please note the UCC is a guide line by which the contract language and terms, conditions are crafted. In this case, an agreement was made between Joelf, and the landlord. However, it appears the landlord has tried to tailor the contract in such a way that makes it non-binding. Spelling errors and all, this is when the UCC is applied or when said contract never existed and only a verbal commitment/agree has been reached with money exchanged. Mind you, I am not a legal expert, but I have 4 years of contract law, and writing contracts for Lockheed Martin, prior to being rated unemployable by the VA.
Contracts are difficult as you point out. Precisely why he needs to focus on OK statutes. UCC provides many general and specific provisions, but depending on the lease it can go from relatively easy to complex fast. Also, UCC may not be the governing body since it applies to many transactions(focused on goods), but not all. Article 2A if he is interested. I don't want to dig to far because this discussion could go on for years, but he needs to find a way for his lease agreement to be fixed in a timely and financially beneficial way. The intent of the landlord may have been good or bad; we don't know his state of mind and why he worded it the way he did. The problem is the poster is looking at a possible $1000 debt. It's likely the landlord already has a months rent(depending on OK laws) so he(poster) may be forced to take the landlord to court. The amount of time and money may not be worth it, precisely why I hope the JAG can assist.


§24. OFFER DEFINED
An offer is the manifestation of willingness to enter into a bargain, so made as to justify another person in understanding that his assent to that bargain is invited and will conclude it.
 
Contracts are difficult as you point out. Precisely why he needs to focus on OK statutes. UCC provides many general and specific provisions, but depending on the lease it can go from relatively easy to complex fast. Also, UCC may not be the governing body since it applies to many transactions(focused on goods), but not all. I don't want to dig to far because this discussion could go on for years, but he needs to find a way for his lease agreement to be fixed in a timely and financially beneficial way. The intent of the landlord may have been good or bad; we don't know his state of mind and why he worded it the way he did. The problem is the poster is looking at a possible $1000 debt. It's likely the landlord already has a months rent(depending on OK laws) so he(poster) may be forced to take the landlord to court. The amount of time and money may not be worth it, precisely why I hope the JAG can assist.



§24. OFFER DEFINED
An offer is the manifestation of willingness to enter into a bargain, so made as to justify another person in understanding that his assent to that bargain is invited and will conclude it.

Yes - I can agree and I believe JAG should be able to sort this easily. As, separation orders are essentially PCS orders returning a SM to his or her home of record. Therefore, the SM can legally terminate the lease without penalty. But, I am not legal and this is only my point of view.
 
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