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?

like
Posting as :
works at
You are currently posting as works at

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.

like

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?

like

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.

likehelpful

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

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

like

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?

like

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.

funny

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.

like

You need PCS or deployment orders (TCS).

Nope.

like

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

Related Posts

Bain & Company PPO health insurance only! Post your firm's biweekly premium (employee deduction) and whether it's employee, employee+spouse or employee+family.

Deloitte Accenture EY PwC Boston Consulting Group McKinsey & Company Bain & Company KPMG

like

How's Manor as a city in terms of buying a single-family home: school-wise, future price appreciation of houses etc ..?

like

How can I lower my taxes? I feel like I pay a LOT (30%+) but don’t get many benefits in return.
Single with no kids

like

My boyfriend and I make 200K combined and live in NJ. We have $1000 in monthly car payments combined. That’s all we owe. Our credit scores are in the 800s. We have 50K to put down on a home. We have done the math and I know we can afford much more but he doesn’t want to buy more than a 400K home. I’m almost positive we can afford 500K and be more than ok. But then he starts to talk about how much kids cost and how we will be house poor and we won’t be able to afford kids. 🤔 Am I insane??

like

Till now i have lost around 10 lacs in stock market which includes 3lac taken from father, my friends tell that acha time ayega , hope they are right. Just want to stay away now from stock market.

like

Hi folks, I had a quick question around remote work. My office is in San Francisco but I worked remotely from NJ for clients on the WC. How should I answer the question, “did you earn income working remotely by providing the services in a different state than the state you originally engaged employment with it”? If it matters, I never set foot in CA.

like

Does anyone have any insights on what a typical Sr. Associate Director makes at Boehringer Ingelheim? I have a range of 170-180k which I think is fair but don’t want to be underpaid. Also, any information regarding retirement planning or medical/dental benefits would be helpful. Haven’t gotten much out of HR. Thanks in advance!

like

How long did it take after getting your license to actually start making money?

like

Hi All. Question regarding HDPI (GSC Bangalore). Can someone shed light on the relocation benefits external hires get at GCB 6? Also, are these fixed or can we negotiate on these as well? I'd appreciate an urgent response if possible.

like

With the market pushing higher to mostly ath this week, are you keeping cash reserves for a slight pull back or putting money in the market today?

like

Random Q unrelated to advertising but is anyone investing through Fidelity? And what mutual funds/stocks are you investing in that show potential?

like

If u have a house under my name if i move it to an llc what happens? Do i refinance to prevent a due on sale clause?

like

Does Singapore offer national healthcare services like in Europe? I am an expat and it seems to be that expats can only get business healthcare insurance

like

Is it too late in our lives to jump into a mortgage?

So my fiancée and I are relatively late in terms of finally landing well paying jobs and being able to save money instead of living paycheck to paycheck. We’re both 36 and currently rent a 2 bedroom in NY and have a combined savings of $35,000 which she wants to use as a down payment on a condo. I kinda just wanna continue saving while renting. I also literally just started contributing to my 401K so I’m also late in the game for that too.

helpful

Alright auto fishes, I’m in the market for a entry level luxury car. Open to used or a lease. I don’t plan to use it as a daily driver, live in an HCOL. Only restriction is that I’d like to keep my monthly costs at no more than $600-$700/month (including insurance, financing / fees, etc; have a parking spot already). Doesn’t have to be a European badge. Thoughts?

like

Significant other and I crossed the combined $1M net worth mark this quarter! Mostly in RE and 401k so we will not be FIRE-ing but still excited to be in the 7fig club.

Sorry, need someplace to celebrate and you guys are awesome.

likeuplifting

When selling a home have been able to negotiate lower commission with your broker if the buyer is not represented by a realtor (eg, 3% in this situation versus still paying the full 6%)?

What % of post-tax income do Londoners usually spend on rent?

Offered 6.2k per month post-tax and thinking of spending 2k on base rent, single household. Does that seem reasonable for someone who wants to save and invest?

like

Hi Fishes,

I have previously worked for Reliance Jio, couldn't withdraw my PF money. How can I get that now ?

How do you record media spend? COGS or balance sheet ?

like

More Posts

Anyone who applied for PR from the states willing to chat about their experience?

like

Hi, i am holding canada open work permit and planning to move to Canada in mid September. I am looking for job.
Skills - Java, microservices, springboot, designing solutions, low level design and high level design, Kafka, REST APIs, SQL.
It would be really helpful if someone can refer me.

like

Ross or Fuqua?

like

Hey everyone, I want to go tobogganing somewhere in Toronto, ideally Riverdale park - can someone tell me if need to get my own sled / equipment?

like

For anyone who's made it out of SAP: How do you write your experience on your resume to focus less on SAP so your not pegged as an "SAP guy"? My experience is mostly in testing and project management.

like

For those who have started (or tried) their own consulting business— what’s the experience like? How’s revenue?

Working in a start-up and love having an impact on the product. Things have been too chaotic tho. Thinking of recruiting for a big tech company but not sure if it's for me- anyone willing to chat?

Hey guys joined new in Tavisca but was eligible for year end review, I got On track. The evaluation window was narrow so no complaints. What can I expect in compensation changes ??
Cloud Engineer , 28LPA , 9 YOE

Now that GDS supports ICICI accounts, anybody switching? Is it worth the hassle?

like

5/13 check in. My PM ride is done. What did you do today?

Post Photo
likeuplifting

How do you record media spend? COGS or balance sheet ?

like

Is there any fish who is willing to refer me to @stax

like

Any good AE positions in Orange County?

Thoughts on Engage NY/Eureka math...

Any senior associates feel like they don’t perform at a senior level. It a burned out imposter syndrome kind of night.

like

I’m calculating a bunch of totals and averages by category on one worksheet by filtering data in different categories from another worksheet. However, when I change the filters, the previously..(cont)

What are some of the best DC big law firms for Labor and Employment?

like

Hi Experts,

Suggest me some debt funds. Looking for investment for 3-5 years.

like

I just got married and my wife is a US citizen. I need to file my green card application. Does anyone have experience on filing on their own or lawyer recommendation ?

uplifting

What is the best health insurance for parents visiting USA? They are visiting for the first time. Appreciate any helpful insights. Thanks in advance!

Additional Posts in Veteran Bowl

I work at a medical device manufacturing plant as a training coordinator, I have a military background and a degree and am trying to advance but am feeling stuck. I am a literal jack of all trades, and am trying to get out of the hourly life, I’m working an average of 100 hour weeks and have been for at least the last 6 months.

like

Any Navy Nukes in this bowl?

like

I’m curious about the enlisted versus officer ratio as well...here’s a way to better survey the group. “Like” your respective group below.

What is the present value of a government pension? How does one calculate it? Trying to get a sense of weather it's worth moving over to Federal.

like

Anyone use a lawyer to get increased disability? If so, any recommendations?

Have service related PTSD or anxiety effected your clearance level at all?

like

What are the best consulting firms for someone with a TS/SCI with FSP? Non staffing roles. I’d rather do strategy, transformation, tech integration, etc...

likehelpful

For those of you who got out at 10, do you wish that you rode it out to 20? I’m at a crossroad and I’m not sure what to do. Have some active/reserve time, wrapping up graduate school, and am now considering either a) come back to the business world or b) go active and retire before 50 and live off a nice pension. Obviously there are draws to both. I’m an officer for what it’s worth so I can realistically retire at O-5, MAYBE O-6.

likesmarthelpful

Has anyone heard of The Next Step program at Dartmouth’s Tuck school of business? I’ve been Encouraged to apply

like

Thinking about buying first home. ~$600k. How was your VA home loan experience? In a competitive market, was it a weakness? Is it an issue with lenders? Do I need a RE agent well versed with them? THX

like

Received bad news from Accenture today. Unsure of what they were looking for. I was referred for on a JMO application.

Post Photo
like

Anybody have experience with PenFed for a VA loan? Came up in a search and their rates are extremely competitive. Any reason I shouldn't take the lowest bidder?

like

Tricare Q:

Vets using Tricare with a family. I’m out and can use Tricare with the VA, but my wife and I each use our company offerings for our family; which obviously come at cost. Is it worth it to switch to Tricare? Has anyone done this and can share details? Positives/negatives?

like

Looking to connect with someone who works in the Atlanta area (remote or in person) for questions regarding SIPR. Additionally, if there are individuals in this area that know of resources to use to find places that are hiring (consulting, tech, startup, etc.) in Atlanta specifically, please drop below. FYSA, I have just over 3 YOE (1 consulting, 2 government) and TS level clearance. Thanks!

like

Anyone here downshift in life post service?

Feel like I've been going full bore for the past decade and literally have no problem continuing the trend. Like I could just keep marking milestones and grinding or whatever until I die.

Wondering when if anyone else felt similar and decided to pull back and do something more relaxing. What was the catalyst, what are you doing, and are you enjoying it?

I'd considered taking up a 9-5 somewhere but not sure if thatd wear off fast.

like

My SSBI experience expires next year May, and my investigation is is in adjudication process. What happened my result don’t come back before my investigation expires?

like

Accenture is in the full gear military recruitment season. I was hired on through the process a few years ago and it’s been great ever since. They have paths for officer and enlisted. DM if interested

likehelpful

How long after transitioning did you start to feel comfortable in your role? Feeling major imposter syndrome in my first 3 months

like

New to Fishbowl?

Download the Fishbowl app to
unlock all discussions on Fishbowl.
That was just a preview…
Sign Up to see all discussions
  • Discover what it’s like to work at companies from real professionals
  • Get candid advice from people in your field in a safe space
  • Chat and network with other professionals in your field
Sign up in seconds to unlock all discussions on Fishbowl.

Already a user?
Login here

Share

Embed this post

Copy and paste embed code on your site

Preview

Download the
Fishbowl app

See what’s happening in your industry
from the palm of your hand.

A phone with Fishbowl app

Scan your QR code to download
Fishbowl app on your mobile

Download app

Sign up for free to view this conversation on Fishbowl

By continuing you agree to Terms of Use and Privacy Policy

Already have an account? Log in

Sign up for free to continue using Fishbowl

By continuing you agree to Terms of Use(New) and Privacy Policy(New)
Messaging rates may apply

Already have an account? Log in

For account settings, visit Fishbowl on Desktop Browser or

General

Legal