Breaking a lease

[coma]

I have a question regarding breaking a lease. I am going to see a JAG attorney about it, but I ust wanted to gauge everyone's experience here.

My husband is in the Army, and we recently moved from HI to Louisiana. The wait list for housing was pretty long, so we took a place off-post, because it was cheaper than paying for temporary quarters for four months, especially since they only reimburse 10 days. Besides, being in a CH 13, we don't have any extra money. The money the military gave us to move covered our first and last and other non-reimbursable expenses and that's it.

At this point, we'd like to get on the list to move on post, as it would be cheaper for us, since our plan is based on income about $2K higher than we have now. It's getting difficult to afford the utilities, extra gas money, etc, of living off base.

Our lease says absolutely nothing regarding breaking it. THere's no military clause (in case you get orders), there's nothing regarding penalties if you break early. In other words, nothing. It states the length of the contract, the amount of rent, and other information regarding use of the home and such, but nothing about termination, not even notice required or what happens at the end of the term (whether we can go month to month, etc., as our lease in HI did).

I'm prepared to forfeit our deposit, as we are breaking a contract, but would I be liable for anything else?

I'd say I can make a case for no, because the lease doesn't provide for anything as in termination, but can't the landlord say the same thing...there's no termination clauses because you can't terminate early?

[AMISLANDER]

I'd do some checking on leases as they pertain to Louisianna law.....if it's got to do with the military, I'm sure they'd let you off, probably keep the deposit but I'd imagine that's about it.

[SinkingFast]

I may have found an answer for you, Coma!!

Early Lease Cancellation--Can I Do It?

Q. I Am in Active Military Service and Received Relocation Orders, May I Get Out of My Lease?
A. Yes, if you are an active or reserve member of the U.S. military, Louisiana law (R.S. 9:3261) gives you the right to cancel your lease if any of the following happens:

* you receive initial or permanent change of station orders to go 35 miles or more from the location of your apartment
* you receive initial or temporary duty orders greater than 3 months to go 35 miles or more from the location of your apartment
* you are discharged, released or retire
* you are ordered to live in government-supplied quarters
* you are notified of the availability of government-supplied quarters, which were not available at the time you signed the lease, provided that you had notified the landlord in writing that you had a pending request for such quarters at the time the lease was signed

If any of the above happens, you should immediately give your landlord written notice of your termination of the lease. You must give the landlord at least 30 days notice. You cannot terminate more than 60 days before the departure date necessary to comply with your orders.

If you have been in the apartment for less than 6 months as of the effective date of lease termination, you can only be held responsible for 30 days of rent. If you have been there more than 6 months, the landlord can only charge you one-half month's rent. You should get your security deposit back if you have not damaged the apartment.

Any clause in the lease that gives you less rights is null and void.

Before you sign a lease, try to work out an early termination lease clause with your landlord. Many landlords understand the problems that military personnel face and may give you more favorable termination rights than those guaranteed by federal and Louisiana law.

http://www.lawhelp.org/LA/showdocume...uestionid/1125

[coma]

Sf...thanks SO much. Finally something goes my way. We did notify him we are on the housing list, so we should be ok

[SinkingFast]

You are so very welcome, Coma!

If you need to do more research, Google Landlord Tenant Law Louisiana.