Tuesday, May 31, 2011

Military Transfer

What happens to your apartment lease if you receive a military transfer?  The paragraph below is from the Texas Apartment Association website.

Under paragraph 23 of the TAA Lease Contract, the owner is required to allow you to move out early under certain circumstances. You may terminate your lease contract if you enlist or are drafted or commissioned into active service in the U.S. Armed Forces or are a member of the Armed Forces or reserves called to active duty AND are either:
(i) given change-of-station orders to permanently depart the local area;
(ii) deployed with a military unit or as an individual in support of a military unit for 90 days or more; or
(iii) relieved or released from active duty.
When a member of the Armed Forces terminates a lease under paragraph 23, the termination automatically terminates the lease for any spouse or dependent who may have signed it.
If, at the time of signing a lease, you already knew about the change of duty station or retirement or knew that your term of enlistment would expire prior to the end of your lease term and if you failed to inform the owner of such facts prior to signing, you are liable to the owner for liquidated damages in the amount of all rent losses that the owner may incur during the remainder of the original lease term'even though you have terminated the lease under paragraph 23.
A landlord and resident may agree in writing that the lease cannot be terminated in order for the resident and dependents to move into base housing or other housing within 30 miles of the property, unless that property is owned or rented by the resident's family or the resident has experienced a significant financial loss, which is defined by law.