Signing a lease

[teacherman84]

Ive been verbally told where im going this summer but dont yet have orders in hand. Were going somewhere good rentals go quick. Were <90 days from our move date. Anyone know what protection SCRA would give if the mil pulls a fast one and changes where im going if we sign now?

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[Matthew9Thirtyfive]

Ive been verbally told where im going this summer but dont yet have orders in hand. Were going somewhere good rentals go quick. Were <90 days from our move date. Anyone know what protection SCRA would give if the mil pulls a fast one and changes where im going if we sign now?

I’m sure someone will correct me, but that exact thing happened to my friend, and he was able to break his lease. He had verbals to one coast and got hard copies to the other after he had already secured a place. AFAIK, as long as you have orders, you are protected, and the notice is suggested, not required.

 

[Gastrapathy]

They probably wouldn’t litigate but you are signing the lease while on out of state orders and are executing another set of out of state orders. I’m not convinced the law applies.

We’re having tenants waive the clause if they want our places. We try to let them out anyway but it keeps people from lying. We started doing this because people use the law to sign a lease they have no intention of keeping (planned deployments, etc). Having a place to rent in Jan sucks and we got taken twice by people who knew what they were going to do.

 

[teacherman84]

I’m sure someone will correct me, but that exact thing happened to my friend, and he was able to break his lease. He had verbals to one coast and got hard copies to the other after he had already secured a place. AFAIK, as long as you have orders, you are protected, and the notice is suggested, not required.

Thats how it reads to me too. Just looking for some confirmation. Were renting from AD folks, so im sure they understand what its like.

They probably wouldn’t litigate but you are signing the lease while on out of state orders and are executing another set of out of state orders. I’m not convinced the law applies.

We’re having tenants waive the clause if they want our places. We try to let them out anyway but it keeps people from lying. We started doing this because people use the law to sign a lease they have no intention of keeping (planned deployments, etc). Having a place to rent in Jan sucks and we got taken twice by people who knew what they were going to do.

Im not currently on orders, im at a civ fellowship unsponsored, so IRR. I did the full out before fellowship, TAPS, DD214, sold leave back. They would essentially be initial active duty orders.

Im not trying to screw anyone over...they know were still waiting on orders. I just want to be covered if the AF pulls an audible and we end up going to a completely different spot from what ive bern told by my consultant and future boss.

I had a buddy last year who was told he was going to north dakota...they had grieved, accepted the assignment, started preparing for the transition and then mid-May (like 45 days from PCS) they told him he was actually going to New Mexico.

 

[SirGecko]

They probably wouldn’t litigate but you are signing the lease while on out of state orders and are executing another set of out of state orders. I’m not convinced the law applies.

We’re having tenants waive the clause if they want our places. We try to let them out anyway but it keeps people from lying. We started doing this because people use the law to sign a lease they have no intention of keeping (planned deployments, etc). Having a place to rent in Jan sucks and we got taken twice by people who knew what they were going to do.

You can waive the clause? I was under the impression that was not possible but it’s been a few years since I looked into it.

 

[Gastrapathy]

You can waive the clause? I was under the impression that was not possible but it’s been a few years since I looked into it.

Yup.

https://cnic.navy.mil/content/dam/cnic/cnrma/pdfs/Oceana/Housing/SCRA - Lease Termination.pdf

 

[Gastrapathy]

Thats how it reads to me too. Just looking for some confirmation. Were renting from AD folks, so im sure they understand what its like.

Im not currently on orders, im at a civ fellowship unsponsored, so IRR. I did the full out before fellowship, TAPS, DD214, sold leave back. They would essentially be initial active duty orders.

Im not trying to screw anyone over...they know were still waiting on orders. I just want to be covered if the AF pulls an audible and we end up going to a completely different spot from what ive bern told by my consultant and future boss.

I had a buddy last year who was told he was going to north dakota...they had grieved, accepted the assignment, started preparing for the transition and then mid-May (like 45 days from PCS) they told him he was actually going to New Mexico.

I think as long as they know the situation, you're doing everything right. Can you get a pre-orders letter (the Navy did these for HHG shipments as of a few years ago when orders were only coming out 2-3 weeks before the PCS date)?