Hello everyone,

I was wonder if any folks with experienced this situation before, so I received orders for separation and it reflects my EAOS of mid January. My terminal leave starts November and I need to leave island November to receive my Household goods on time. My lease is up December. Is this common, or will I be forced to stay in this Appartment until December. I have my terminal leave approved and can provide that as proof....thanks my people!

Hello everyone,

I was wonder if any folks with experienced this situation before, so I received orders for separation and it reflects my EAOS of mid January. My terminal leave starts November and I need to leave island November to receive my Household goods on time. My lease is up December. Is this common, or will I be forced to stay in this Appartment until December. I have my terminal leave approved and can provide that as proof....thanks my people!

I believe if you look closely at your lease it should include an early termination clause due to military re-assignment. It is a common clause included by most reputable landlords. I believe it is state law. But even if it doesn't include a release of lease there is a federal law. The problem with the federal law is that it does not offer certain protections and you may still be forced to pay your rent until December. I suggest you re-read your lease as it should have a paragraph in there regarding military leave.

Inspector, thank you so much for your reply.
My lease does have a military clause, it says to bring in the orders, but the orders do me no good as they reflect after my lease is up. My terminal leave on the other hand, is approved for mid November.

Inspector, thank you so much for your reply.
My lease does have a military clause, it says to bring in the orders, but the orders do me no good as they reflect after my lease is up. My terminal leave on the other hand, is approved for mid November.

Just bring them the documents showing you are leaving/separating from the island on a particular date. That should suffice. I doubt they are going to argue with the paperwork. This is a really common occurrence here.

First thing is verify you are really still in your lease period.  Did you sign a new 12=month lease last year?  If not, then the previous lease is probably expired.  That would place you in a month-to-month rental situation.  In that case, you have to go by state law, which normally only requires 30 days notice.  No lease = no December commitment, as long as you give notice 30 days before you vacate.

Whether month-to-month or in a lease, Send WRITTEN notice you are vacating, and give a specific date you will be out of the apartment.

This helps you 2 ways:

1.  It is proof you gave notice and on which date, and

2.  It gives the landlord extra time to advertise and re-rent the place.

If you can't prove you gave notice in the required time period, the landlord can claim you owe rent through the end of the lease period.

If the landlord gets a renter signed up before you leave, they are out zero rent if the new tenants move in as soon as you move out.  In any case, the landlord can't ask for rent from you if the place is rented to another.

I';d say give notice today or soon after.  The later you wait, the more you are at risk of losing the deposit and maybe rent for the last month, too.

If you paid last month's rent as part of the deposit, talk to the landlord and make sure it's okay if you live there under that payment the last month.  Most assume since they paid "Last Month Rent" as deposit, they can "live that out" the last month.  That's not the intent of the deposit.  It's there incase you leave without paying your final month living there.  You are supposed to pay your last month's rent on time.  If you don't, they can stick you with late fees unless they agreed to cover your last month with the deposit.

Have the landlord do a pre-move-out walk through.  Any damages or other items they might try and withhold your deposit for should be noted to give you time to correct it.  My experience here has been the landlords feel entitled to the deposit for regular wear and tear, not just damage.  Schedule the move-out inspection in time before leaving the island and before your move-out date so you have time to haggle.  If you stay past the date in your notice, they will charge you prorated rent for those days.

Make sure the utilities are turned off the day you leave.  If you leave them on, your last bill might include appliances plus cleaners, painters and carpenters coming in to prep the place for the new tenants.  This assumes the meter is for your apartment only.

Enjoy!  Moving is always such a pleasure!!

Great advice, Thanks guys! Inspector, MD I really appreciate the help.

First thing is verify you are really still in your lease period.  Did you sign a new 12=month lease last year?  If not, then the previous lease is probably expired.  That would place you in a month-to-month rental situation.  In that case, you have to go by state law, which normally only requires 30 days notice.  No lease = no December commitment, as long as you give notice 30 days before you vacate.

Whether month-to-month or in a lease, Send WRITTEN notice you are vacating, and give a specific date you will be out of the apartment.

This helps you 2 ways:

1.  It is proof you gave notice and on which date, and

2.  It gives the landlord extra time to advertise and re-rent the place.

If you can't prove you gave notice in the required time period, the landlord can claim you owe rent through the end of the lease period.

If the landlord gets a renter signed up before you leave, they are out zero rent if the new tenants move in as soon as you move out.  In any case, the landlord can't ask for rent from you if the place is rented to another.

I';d say give notice today or soon after.  The later you wait, the more you are at risk of losing the deposit and maybe rent for the last month, too.

If you paid last month's rent as part of the deposit, talk to the landlord and make sure it's okay if you live there under that payment the last month.  Most assume since they paid "Last Month Rent" as deposit, they can "live that out" the last month.  That's not the intent of the deposit.  It's there incase you leave without paying your final month living there.  You are supposed to pay your last month's rent on time.  If you don't, they can stick you with late fees unless they agreed to cover your last month with the deposit.

Have the landlord do a pre-move-out walk through.  Any damages or other items they might try and withhold your deposit for should be noted to give you time to correct it.  My experience here has been the landlords feel entitled to the deposit for regular wear and tear, not just damage.  Schedule the move-out inspection in time before leaving the island and before your move-out date so you have time to haggle.  If you stay past the date in your notice, they will charge you prorated rent for those days.

Make sure the utilities are turned off the day you leave.  If you leave them on, your last bill might include appliances plus cleaners, painters and carpenters coming in to prep the place for the new tenants.  This assumes the meter is for your apartment only.

Enjoy!  Moving is always such a pleasure!!

This is very solid and accurate advice. Well said MB.