I recenltly transferred and i am authorized goverment housing. Initially there was no housing available, so my wife and i signed a lease for one year starting june 2012. while in transit to my new unit, I recieved a call informing me that a house in government housing came available. I need to break my lease, am I legally allowed to do so? Using the soldiers and saillors act?
State/Country relating to question: Washington
Spoke with the property manager with minimal results.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.I am sorry to have to bear bad news. The service members civil relief act will not apply. You can see the section of the SCRA that covers this area herehttp://www.law.cornell.edu/uscode/html/uscode50a/usc_sec_50a_00000535----000-.htmland you see what it says is(1) Leases of premisesA lease of premises occupied, or intended to be occupied, by a servicemember or a servicemember’s dependents for a residential, professional, business, agricultural, or similar purpose if—(A) the lease is executed by or on behalf of a person who thereafter and during the term of the lease enters military service; or(B) the servicemember, while in military service, executes the lease and thereafter receives military orders for a permanent change of station or to deploy with a military unit, or as an individual in support of a military operation, for a period of not less than 90 days.SO the fact that there is now availability of base housing is not grounds under the SCRA to break a lease.Again, sorry to have to bear bad news.
Retired Marine Corps Lawyer, Veterans Services Officer (VSO)
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