If my boyfriend and I signed a1 year lease together and are both in the military, can he also get out of the lease if I received transfer orders?

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If my boyfriend and I signed a1 year lease together and are both in the military, can he also get out of the lease if I received transfer orders?

Can he still get out of the lease even though he does not have orders? Being held to the contract would cause him to be financially unstable since we split the rent and bills. This is why we were both put on the lease.

Asked on January 3, 2012 under Real Estate Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Under the Soldier's and Sailor's Relief Act if you get transfer orders you can legally end your lease with your landlord without recourse. However, your boyfriend cannot end the same lease for the simple reason that he is not married to you. If you and he are married then he would be allowed to end the lease with the landlord without recourse.

The way the statute is written, it applies to military personnel and their spouses. One option if he wants to move from the rental if you get transfer orders is to try and sub-lease the balance of the time left on the lease.


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