How to terminating lease with extenuating circumstances?

UPDATED: Oct 1, 2022

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How to terminating lease with extenuating circumstances?

I’m 19, recently divorced and am working to join the military. I’m the only person living in my apartment. My ex-husband and my parents co-signers don’t live here but their names are on the lease. How does the SCRA

work in a situation like this? When I give notice that I’m shipping out for boot camp will the lease be fully terminated or will the lease fall back on my ex and/or my parents? My ex is living with his parents and not working so it is

likely he would just default on the lease which means the remaining 7-8 months of the lease would fall back on the parents. Not something I want to happen so hoping there are options.

Asked on September 18, 2017 under Real Estate Law, Oklahoma


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

Answered 5 years ago | Contributor

The SCRA gives the military member the right to terminate his/her own portion of the lease early, but the law does not require the landlord to decrease the amount of total rent for the property, nor does the law protect remaining non-military roommates (unless, of course, they are the member's legal dependents).  Note it says "portion" so your assessment that it would fall on the others listed on the lease is correct.  Does you lease allow you to sublet the apartment?  That could be an option.  Otherwise appealing to your landlord's sense of decency is your only option.  And if he or she terminates the lease for you get it in writing.  Good luck and thank you for considering service to our country. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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