Is retiring from the military grounds for breaking a lease?

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Is retiring from the military grounds for breaking a lease?

I own a rental property near an air force base. We leased the property to a military member 6 months ago and last month received an email that our tenant was going to retire and move out at the end of the year. On the 1st of this month we received their 30 day notice, along with their retirement orders stating they are retiring next year (in 7 months). Is this a valid reason to break the lease? The lease will expire the same month that they are retiring, yet they have given notice to move out at the end of this month.

Asked on October 2, 2012 under Real Estate Law, Texas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

This is insufficient to break a lease. Proper breaking of lease wherein they shouldn't incur fees is if it is something you did or the place became uninhabitable.  You can simply refuse their notice and indicate they will be responsible for the lease payments until their contractual year obligation is done.  This means you can keep their security and send them an explanation of what you are keeping and why and then simply explain to them with an accounting of what they still owe.


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