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movingforward13 posted 1/10/2014 19:00 PM

My lease, that is...

Any military folks here? I am currently in the IRR and I get out in April. I just found out I will be getting orders for this. I know I can use activation or PCS orders to break a lease but it is the same with release orders? I would like to move to Maryland, which is 6+ hours away from my current location.

Amazonia posted 1/10/2014 20:08 PM

I'm not military, but I am quite familiar with that lease clause. I doubt your release orders would work, because the pcs orders are requiring you to move - that's what gets you out of your lease. Release orders are simply no longer requiring you to stay.

How much time is left on your lease? What kind of penalties do you face for breaking it? Have you looked into tenants rights laws in your current state? Or talked to your landlord about your options? A lot of states, and often private landlords or landlords of popular rental properties even where it's not law, you can give 60 days notice and if they find someone else to rent it, you're off the hook, or you just pay until someone else starts paying/ moves in. Or you could see about subleasing.

movingforward13 posted 1/11/2014 11:27 AM

At this point, I have 9 months left.
One of my fellow Soldiers said to use the release orders to move stating that I want to go back where I had come from. Most of the time, landlords don't read the paperwork any way to figure out if it is activate or PCS. They just put a copy in the file and continue on.
My land lord doesn't break leases here. I am responsible until the 9 months is up. No sublets. They will do the 60 days, find someone else to rent but the rent here is $1100. More people are moving out than in. This is a corporate landlord.

jjsr posted 1/11/2014 20:08 PM

My FWH is a SGM in the Army and says you can NOT use your release papers to break your lease. He says if you were on orders, such ADOS, 12301 or 12302 type orders then you could do it. Hope this helps