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Real Estate Agent with Frank Rubi Real Estate
I need some input from my fellow Realtors.  I know i can get the needed information from you.  I have a neighbor  whose son-in-law has been activated for the Army.  They are currently leasing an apartment that doesn't want to let them out of their lease.  Does anyone know of a law that will exempt them.  After all this guy is going to Iraq, I think we should thank him and give him all the support we can.  I will be glad to read your suggestions.  Thanks.
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Rainer
143,531
Wendy Montoya, REALTOR® Broker Associate, 254-315-4906
Towne Adams REALTORS - Waco, TX

Have him double check/read his lease and I would check with the base legal and base housing office. See if someone can give him some answers or point him in the right direction.

I don't know the exact laws, but when we used to lease, we had a clause in our leases referencing military moves. We were always told we had to check with the bases housing office before we entered into a lease.

It's been awhile since I've had to deal with it though and I am sure things may have changed or state laws may differ. And of course I have never expreinced activation from reserve status.

Someone on post or in his command should have the answers.

Check out, Soldiers' and Sailors' Civil Relief Act of 1940 rewritten I believe in 2003   So ditto on what Andrew Said

Sep 24, 2007 12:39 PM #1
Rainer
17,646
Gary Bland
Century 21 All Islands - Lahaina, HI
I would have him talk to a recruiter and see what types of laws will apply for this type of action.  I am sure he needs a letter from the services director of the military.  I wish him Luck nad to come back alive.
Sep 24, 2007 12:42 PM #2
Rainer
93,096
Andrew Trevino
ADT Real Estate - Wilkes Barre, PA
Wilkes-Barre Homes For Sale

John,

There is a law protecting the members and their dependents from their leases when they get deployed. The law is the Servicemembers Civil Relief Act. It was enacted in 2003. Read more about it at this link: http://findarticles.com/p/articles/mi_go2019/is_200407/ai_n6290560

I hope that helps.

Sep 24, 2007 12:49 PM #3
Rainer
93,096
Andrew Trevino
ADT Real Estate - Wilkes Barre, PA
Wilkes-Barre Homes For Sale

I realized that the above mentioned link doesn't give you all the details, so check out this link from Realty Times... http://realtytimes.com/rtcpages/20040216_militaryrelief.htm

I think this will help you as well.

Sep 24, 2007 12:52 PM #4
Rainmaker
177,931
Lori Lincoln And Associates
Top Agent Serving Dighton Taunton, Rehoboth and more! - Taunton, MA
Top Agent Taunton,Dighton Rehoboth &more
You would think that the Landlord would be more compassionate. They should play on his heart strings.
Sep 24, 2007 12:53 PM #5
Rainmaker
108,137
Doug Capps
Guaranty Bank & Trust Co - Hernando, MS
MMS, CLO, CRMS

Hey John,

Definetly tell him to get his chain-of-command involved, they're his best resources.  Like Wendy said, there is usually a "military clause" but that will depend on the contract and location.  If where he lives in "not" located next to a military base, then there may be no clause.

If providing a copy of his orders is not sufficient to release him from the lease, then he may be referred to OSJA (Office of the Staff Judge Advocate) - most people call it JAG.  Which is probably what his chain of command will also suggest.  But then again,,, his chain-of-command MAY be able to nip it in the bud.

I'm sure this apartment complex would "not" like to be on the local news not supporting those who support us, huh???

Here's another link for you:

http://home.fuse.net/geyganjr/page3.html

 

Sep 24, 2007 12:58 PM #6
Rainmaker
388,919
John Walters
Frank Rubi Real Estate - Slidell, LA
Licensed in Louisiana
I want to thank everyone for responding to my question.  I will pass all of this info to him.  Thanks again.
Sep 24, 2007 01:18 PM #7
Rainmaker
49,367
Sherry Armstrong
RE/MAX Property Centre - Ormond Beach, FL
Daytona Beach FL real estate
John, It's been so many years since we were active duty, I can't remember it all. In communities near a military base there was almost always a clause to release anactive duty member from a lease "in the event of transfer". The best source is JAG office. His chain of command or company commander may not want to delve into the legalities of a lease but JAG will definitely handle it. If all else fails and JAG can't move the landlord into doing what's right, call the local tv station and it will be settled!
Sep 24, 2007 04:21 PM #8
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Rainmaker
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John Walters

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