If Iam in the military if there was a way to legally break my current lease?

UPDATED: Sep 9, 2010

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If Iam in the military if there was a way to legally break my current lease?

I have a husband and a new baby and we do not feel safe here. It is a gated community yet there have been cars stolen from the inside of the gate. Our car was vandalised. The community has not keep some promises that was in our lease. I will be deploying soon and I don’t want to leave my husband and baby in a unsafe area. Any advice will mean alot.

Asked on September 9, 2010 under Real Estate Law, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Yes, indeed, military tenants do have special rights in the breaking of a lease.  According to the Service members Civil Release Act, section 305, the lesee (that would be you) may terminate the lease at any time after enrolling in the military or after orders of deployment are received but you must be moving to a new location and live in military housing.  You may have different issues as to safety and habitability of the apartment and I would seek help from someone in the area that is familiar with "regular" landlord tenant law and the Service members Act mentioned above.  Good luck and =thank you for your service to our country.

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