I am a traditional reservist so I never really used military benefits before, but could use advice here.

I am currently renting and my lease is not up until October 2021, however I found a good deal on a home and scheduled to close in June 2021.

My landlord will not work with me to end the lease early, so it looks like I will have to double up on rent and mortgage through the summer.

If I went on active duty orders, can I use those orders to break my lease early without penalty?

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Why does your mind go to “use veteran status to skate on a technicality“?

Help your landlord re-rent the place and pay whatever you end up being on the hook for.

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There are some reservists that do more AD time/deployments than AD veterans. You need to stop gatekeeping what a veteran is, ACN1. If the govt allows them veteran benefits, who are you to say differently?

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You need to look at the provisions of USERRA (generally reemployment rights) and the original SCRA (generally a host of other qualifying categories) and it’s subsequent amendments.

The two laws provide the information you are looking for and a few people are mistaken here regarding length of service and distance from current location.

Understanding what ‘qualified active duty’ means in the context of the law is extremely important.

For instance, through the SCRA, you may terminate a lease if you A) enter active duty or B) deploy for 90 days or more, or PCS. There is no mileage limit to either of these provisions, although PCS is defined by the DOD as having a mileage requirement. The nice thing is that it is an ‘or’ provision, rather than an ‘and.’ This means if you are on a deployment for 90 days, even locally, it still counts as being protected under SCRA.

Regarding entering active duty, you need to understand under what category that applies. For instance, annual training is not ‘entering active duty’; however, ADT or ADSW could meet that criteria.

Deployment generally refers to 10 USC 12301-12304 but there may be additional categories that it could apply to. You need to get smart on these provisions and these definitions in order to obtain the answers you seek.

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Thank you SC1! This was genuinely helpful, and I appreciate it.

Find a sub leaser, even at a slight loss if you have to

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The orders would have to be a certain minimum distance away from your current location. I forget what the exact number is, but I feel like it’s 100 miles.
If your base so local then here is what you can do:
- agree to pay an early termination fee to get out of lease, maybe one month rents worth
- tell the landlord to start looking for a tenant now, and if they find one then you can move out whenever they move in
- push back closing a month
- sublease

Will it still be a good deal if you have to pay both?

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Two points here: first you signed a contract with the landlord for the period of time to rent the place. Reservist traditionally do not break a lease when they going active duty because they tend to be eligible for BAH that way even if they're single because of their situation. Even if you went on active duty orders all you would normally get is the BAH money for the 4 months of the remaining lease which you would have to then decide to pay the house mortgage or the rent. There's still maybe an option to break the lease but that is in my second point.

Second is that while you could technically try to argue on active orders to break that lease using your rights as an active duty service member at that point, it's not fair to the landlord because you did sign the contract and you did not anticipate the overlap was going to affect you this much and the reason for the break is to benefit you, not because the military forced you on AD and uprooted you. The best option should have been that you planned for it and had enough savings in case you could not get it subleted out again. Think about this from the landlord's perspective they have four free months from you that are guaranteed and you've been paying on time verse a new person coming in at a new one year lease if they broke it that they may even have to help search for. They want the extra income first from you before they pay it out to find a new person. This is the risk when you buy a house while renting and you don't get to pick the closing date like you wanted. I went through it too and I had to pay an extra two months of rent on a place because of the same reason I bought a house.

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Based on the original post this person doesn't want to break the lease because they truly have an active duty obligation that came up from their reservist duty that the law was intended for. Instead this person wants to do it because he or she decided to buy a house or build a house and did not plan it out so they could afford both if it did not work at the right timing. How is this DOD's fault? I have also been a landlord and know people who are landlords and it is exactly this behavior that is causing lobbyists to try to change the protections on these very laws. From a strict moral view, this is wrong if he decides to use these protections to basically tell the landlord I'm moving out for the reasons he originally did.

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You need PCS or deployment orders (TCS).

Nope.

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Did not*

I was able to break a lease for active duty training TDY. Can you go to captains career course or something? Ask your unit what training you might be able to do and get ADT orders for

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