Posted on Feb 21, 2019
Will the SCRA also allow my roommates out of our joint lease?
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My wife and I signed a lease to our apartment with her sister and her husband. I have orders to PCS, and was under the impression that it would terminate the lease as a whole, and even asked the management a few months ago if this would be the case and they told me it would.
After going to the office today to make sure everything would be in order before giving my notice, the worker tells me it will only get my wife and I out of the lease.
I’m trying not to screw my roommates over because I told them months ago that it should cover both of us, and even verified it with the apartment representatives
Will it get both of us out or just my wife and myself? I know some states have differences added into the SCRA, so if it changes anything I’m in Tennessee.
After going to the office today to make sure everything would be in order before giving my notice, the worker tells me it will only get my wife and I out of the lease.
I’m trying not to screw my roommates over because I told them months ago that it should cover both of us, and even verified it with the apartment representatives
Will it get both of us out or just my wife and myself? I know some states have differences added into the SCRA, so if it changes anything I’m in Tennessee.
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Law
Posted 6 y ago
Responses: 3
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I suggest you contact the base legal office for assistance. A letter from them on official letterhead might just swing things in your direction.
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The SCRA says it terminates any housing leases if you deploy for 90 days or more. Terminating the lease, to me at least, means ending the entire agreement to all parties.
However, it makes sense if it only applies to the service members family as well. I’d probably contact legal and see what they say.
However, it makes sense if it only applies to the service members family as well. I’d probably contact legal and see what they say.
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SCRA only protects the rights of the service member and family. If the room mates are listed as a co-renter it is up to the landlord to make the decision to amend or terminate the lease. If they choice to amend the lease then your room mates could quite possibly still be on the hook for the remainder of the term. I do believe there is assistance with these matters through Military OneSource
Best of luck
Best of luck
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Cpl Mark McMiller
A lease is a contract. The only way it can be amended is if all parties agree to the amendment.
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SSG (Join to see)
Cpl Mark McMiller - That depends on the verbiage on the lease as it stands prior to amendment. There are typically, in leases, verbiage that expresses that each person is obligated to complete the contract until the desired and agreed upon date is reached. The only amendment would be removal of names, there are no other terms that would change. Of course, if they are listed as simply residents and they are not subject to the sign agreement of the lessor.
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