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  • buddy having issues with breaking apartment lease for BCT

    I thought I would post this thread here in the questions forum to help out any future recruits.

    I have a guy who I went to high school with approach me on facebook. He joined the Army reserves last week as a 68S preventive health specialist. He's shipping out in a few months, but he needs to break his apartment lease. He'll be gone for a year or so. His problem is that he lives with two other guys. Finding a new roommate on a college campus during the summer is like pulling teeth and he isn't sure what to do. I personally have never been in a position like this and I don't have any battle buddies who have had this issue either.


    Anyone advice to help this guy out would be appreciated

  • #2
    Re: buddy having issues with breaking apartment lease for BCT

    This will vary from one landlord to another. I just recently broke my lease after I enlisted. Had to pay a fee of 2 months rent. Is he having problems with this roomates or the management company?

    Comment


    • #3
      Re: buddy having issues with breaking apartment lease for BCT

      SERVICEMEMBERS CIVIL RELIEF ACT LEASE TERMINATION

      Q: WHO MAY TERMINATE A REAL PROPERTY LEASE?
      A: The Servicemembers Civil Relief Act (SCRA), 50 U.S.C. App. Section 535, provides relief to service
      members in the termination of real property leases. Active duty service members, who receive military orders
      for a permanent change of station (PCS) or deployment orders, for not less than 90 days, may terminate their
      real property lease. Military members entering active duty service for the first time may also lawfully terminate
      their real property lease. Activated Reservists and National Guardsmen (when serving in federal active duty or
      under certain circumstances, when serving in state active duty) are also entitled to terminate their real property
      lease if the lease was entered into prior to active duty. While a service member is usually concerned with the
      termination of a residential lease, the protection offered under the SCRA extends to other types of leases.
      Specifically, the SCRA applies to “a lease of premises occupied, or intended to be occupied, by a service
      member or a service member’s dependents for a residential, professional, business, agricultural or similar
      purpose”


      http://www.dix.army.mil/LegalOffice/...ERMINATION.pdf

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      • #4
        Re: buddy having issues with breaking apartment lease for BCT

        Under the Service Member's Civil Relief Act, if he is moving I believe beyond 50miles for a period of more than 30 days, he can break his lease no questions asked. He needs to provide proof of his orders. He can go onto any Active Duty Base and go to Legal, they will help him with the process. However why break his lease? If he brings his lease with him to his recruiter he can get BAH and the Army will pay him for his housing expenses, which forgive me if I am assuming as a college student can't be too high.

        Comment


        • #5
          Re: buddy having issues with breaking apartment lease for BCT

          I am competely aware of SMCRA and Its my understanding that my buddy understands this as well. His issue is that if he breaks his lease, his roommates will get the short end of the stick.

          Comment


          • #6
            Re: buddy having issues with breaking apartment lease for BCT

            I hate to come off as a D-Bag. But what's more important? He's already in, so he's leaving one way or another. He can either collect BAH for his lease and "protect his roommates' honor" or he can cut his lease and collect BAH Type II and only have to worry about his cellphone bill and his bar tab every weekend in AIT. That's about as simple as it gets.

            Depending on the Property Management, him leaving could terminate the whole lease and they can just find new places to live or they can just divide up his portion amongst each other. Either way they are adults and will have to take care of themselves.

            Comment


            • #7
              Re: buddy having issues with breaking apartment lease for BCT

              Originally posted by YANG View Post
              This will vary from one landlord to another. I just recently broke my lease after I enlisted. Had to pay a fee of 2 months rent. Is he having problems with this roomates or the management company?
              deleted.........
              Last edited by Mr.Incognito; May 15th, 2013, 09:06 PM.

              Comment


              • #8
                Re: buddy having issues with breaking apartment lease for BCT

                Originally posted by Jackal View Post
                I thought I would post this thread here in the questions forum to help out any future recruits.

                I have a guy who I went to high school with approach me on facebook. He joined the Army reserves last week as a 68S preventive health specialist. He's shipping out in a few months, but he needs to break his apartment lease. He'll be gone for a year or so. His problem is that he lives with two other guys. Finding a new roommate on a college campus during the summer is like pulling teeth and he isn't sure what to do. I personally have never been in a position like this and I don't have any battle buddies who have had this issue either.


                Anyone advice to help this guy out would be appreciated
                Is this set up with separate leases or are you both on one lease?

                Comment


                • #9
                  Re: buddy having issues with breaking apartment lease for BCT

                  Originally posted by Zero259 View Post
                  Under the Service Member's Civil Relief Act, if he is moving I believe beyond 50miles for a period of more than 30 days, he can break his lease no questions asked. He needs to provide proof of his orders. He can go onto any Active Duty Base and go to Legal, they will help him with the process. However why break his lease? If he brings his lease with him to his recruiter he can get BAH and the Army will pay him for his housing expenses, which forgive me if I am assuming as a college student can't be too high.
                  Dont give advice on this forum you don't understand. The requirement is a PCS or deployment type order of 90 days or more. Under this scenario he is not entitled to sever the lease for BCT orders.

                  Comment


                  • #10
                    Re: buddy having issues with breaking apartment lease for BCT

                    Originally posted by Zero259 View Post
                    I hate to come off as a D-Bag. But what's more important? He's already in, so he's leaving one way or another. He can either collect BAH for his lease and "protect his roommates' honor" or he can cut his lease and collect BAH Type II and only have to worry about his cellphone bill and his bar tab every weekend in AIT. That's about as simple as it gets.

                    Depending on the Property Management, him leaving could terminate the whole lease and they can just find new places to live or they can just divide up his portion amongst each other. Either way they are adults and will have to take care of themselves.
                    as far as i know this is probably the best route he can take at the moment if he can't find a new roommate. I'll be honest with you, this guy is incredibly smart....but he's never had any common sense though. he's never been the athletic type either.

                    Comment


                    • #11
                      Re: buddy having issues with breaking apartment lease for BCT

                      Originally posted by Mr.Incognito View Post
                      Is this set up with separate leases or are you both on one lease?

                      Its my understanding that it is that they are all on the same lease.

                      Comment

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