Landlord Question and Answer Forum

I am active duty military, my fiancee is not. We plan on getting married soon. I am currently stationed in a different state than she lives in currently. She currently is leasing a home for one year but only has been there for 3 months. We were then going to move her to where i live. Can she legally get out of the lease with out suffering major penalties? Breaking the lease would be for military purposes right?

Members of U.S. Armed Forces may terminate their rental agreement by providing the Landlord written notice accompanied by either a copy of official military orders or written verification signed by their commanding officer if: required to move more than 50 miles or more from the rental dwelling due to a permanent change of station order; or prematurely or involuntarily discharged or released from active duty; or deployed for more than 90 days. Notice of lease termination shall be effective 30 days after the date the next rental payment is due or 45 days after the landlords receipt of the notice, whichever is shorter. I haven't found anything on spouse - I am not sure if you can use your order for her to break the lease. Have her talk to her landlord it is possible for them to be mutual on the termination of the lease.

Posted by Luis M, NJ on Sunday, November 13, 2011

The answer in short is no. I had the same problem when I got married to an active duty man. That being said, I suggest she speak with her landlord and give at least a 60 day notice. That should be sufficient time for the landlord to try and find another tenant. She may just have to pay some termination fees and be stuck with it. Sorry. Most landlords are willing to work with people especially if she has been a good tenant. Going forward in the future, just because you are military does not necessarily mean you are scott free when terminating just because of a PCS, be sure there is a specific clause in a lease that talks about military orders. Good luck!

Posted by Amanda M, OK on Monday, November 14, 2011