void lease
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void lease (by james wilson [NC]) May 25, 2009 4:55 PM
       void lease (by MC [PA]) May 25, 2009 5:31 PM
       void lease (by Hamlet [GA]) May 25, 2009 5:58 PM
       void lease (by James [MA]) May 25, 2009 7:19 PM
       void lease (by james wilson [NC]) May 25, 2009 8:29 PM
       void lease (by James [MA]) May 26, 2009 4:48 AM
       void lease (by Hamlet [GA]) May 26, 2009 6:31 AM
       void lease (by billy [MA]) May 26, 2009 7:15 AM
       void lease (by BMT [TX]) May 26, 2009 8:15 AM
       void lease (by Hamlet [GA]) May 26, 2009 8:37 AM
       void lease (by James [MA]) May 26, 2009 9:16 AM
       void lease (by Virden [OH]) May 26, 2009 10:40 AM
       void lease (by james wilson [NC]) May 26, 2009 11:10 AM

void lease (by james wilson [NC]) Posted on: May 25, 2009 4:55 PM
Message:

State Specific Question About: NORTH CAROLINA (NC) i have a 12 month lease to a military officer and his wife. That has 5 month left on it. Today on the 25 day of May he tells me he want to void the lease, because he going to get deployed and his wife want to move back home with her parents. Do i have to void this lease or can i hold them responsible for the rent untill i find more tenants?

--67.237.xx.xxx



void lease (by MC [PA]) Posted on: May 25, 2009 5:31 PM
Message:

Does he have deployment papers or is seeing this as forth coming? Do they seem the type to just want out of their lease? Not sure about holding them to the lease,others will know. --76.98.xxx.xxx



void lease (by Hamlet [GA]) Posted on: May 25, 2009 5:58 PM
Message:

See your NC state codes, Article 5, Sec 42-45, titled "Early Termination of Rental Agreement by Military Personnel" - this is very specific as to when it would apply.

Your tenant will need to supply you with a copy of his orders detailing his new duty post and date of reporting. If he cannot do this, he cannot use this law to get out of his lease.

But you should read the entire paragraph as there are other requirements to be met. --98.66.xxx.xxx



void lease (by James [MA]) Posted on: May 25, 2009 7:19 PM
Message:

Federal law allows him to break the lease without penalty when he gets deployed. All you can do is verify the deployment is real. --70.19.xxx.xxx



void lease (by james wilson [NC]) Posted on: May 25, 2009 8:29 PM
Message:

Him and his wife are on the lease . she is not military and he cant take her with him to war. if they were buying the home they can't just tell the bank they wanted out of the mortgage could they? --67.237.xx.xxx



void lease (by James [MA]) Posted on: May 26, 2009 4:48 AM
Message:

Read the soldiers' and sailors' act and you will see all the protections available to deployed soldiers. Theythe would have to pay for the mortgage, but there are interest accrual and non-foreclosure rules. --70.19.xxx.xxx



void lease (by Hamlet [GA]) Posted on: May 26, 2009 6:31 AM
Message:

Reading your second post, it sounds as if you don't want to accept the inevitable here. James is giving you some good advice, and I strongly suggest you read the section of the NC Code which I referenced.

--74.176.xxx.xx



void lease (by billy [MA]) Posted on: May 26, 2009 7:15 AM
Message:

get a copy of his orders and read the local law as sugested. --208.58.x.xx



void lease (by BMT [TX]) Posted on: May 26, 2009 8:15 AM
Message:

Deployments can be 4, 6, 7 or 12 months depending on this branch of service. Would a Air Force 4 month deployment get someone out of a 12 month lease? --137.242.x.xx



void lease (by Hamlet [GA]) Posted on: May 26, 2009 8:37 AM
Message:

BMT - I think it depends on the state law - both GA and NC say a change of duty station lasting 90 days or more is enough. --74.176.xxx.xx



void lease (by James [MA]) Posted on: May 26, 2009 9:16 AM
Message:

Federal law supersedes any state law, but I wouldn't try to force the issue in court. The judge is already biased in favor of the military and service member has access to military lawyers. --192.234.xxx.xxx



void lease (by Virden [OH]) Posted on: May 26, 2009 10:40 AM
Message:

I have had military families need to follow those orders to move and I treat them as any other and I have a port authority office in town who sometimes has an officer handle last minute details such as the return of the cable box and I ask the outgoing soldier if it is alright to give the security refund to this officer or where to send it. --99.128.xx.xxx



void lease (by james wilson [NC]) Posted on: May 26, 2009 11:10 AM
Message:

Thanks for all the advice everyone but one more question . Is he entitled to get his security deposit back ? --67.237.xx.xxx



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