Breaking lease for apt for PCS?

Question

I posted this earlier today, but I think YA is being faulty, because I never saw it show up so excuse me if you've seen this question before...

My husband received orders to PCS to another base. The army gave us very little notice. We rented an apartment off post. In the military transfer addendum for this complex it states that "There will be $200 make ready fee for any lease terminated in less than 90 days." Does that mean that we need to give them at least a 90 day notice or does that mean we needed to have lived here at least 90 days to avoid this fee? My husband and I are wondering if this still abides by the military clause. Would this be something we would need to take to JAG? My husband was saying that you should only pay what amount you owe of the rent due up to the termination date and damages to the apartment. Is he correct?

Answer 1

No, while you need to give them as much notice as possible. All leases for military people are subject to termination rights for the military. You need to get a copy of the PCS orders and pay the cleaning / whateverelse fees.

Answer 2

looks to me like you need to give them 90 days notice to get out of the lease with no penalty using the military clause.  if you give them less than 90 days, you must pay the $200...which beats having to buy your way out of the lease or being forced to  stay there.  yes  it is valid.  

Now, becuase you have written orders  that were dated  that makes it impossible to give 90 days notice, I would ask anyway and provide the documentation.  they may waive the fee since you can provide dated orders.    

Answer 3

You should have checked with the apartment about lease breaking for military reasons. However, most will allow you to terminate your lease without paying a fee as long as you show proof of his PCS orders.

If they don't do this, see base legal and ask if there's any law that says they must, or if the Army can cover it as part of the moving fee.

Answer 4

It sounds like they mean you need to give 90 days notice to break the lease but I see what you mean, it's kind of unclear.  

I'm not a lawyer but everywhere I've lived you need to give advance notice that you are breaking the lease.  Even if you don't have the orders in hand yet, at least let the rental office know and tell them that you will get them the orders as soon as they are cut.

Your husband is right.  You are only supposed to pay up to the day you terminate.  But if you don't give the advance notice I get hazy on what they are legally able to do.  I would definitely bring this to JAG if the rental office gives you any static.