Concerining A School, Marriage, Living

[TexasRaider]

My lovely sailor and wife to be is out at A school in Florida. We had been planning on getting a court marriage during her liberty after PIR but the navy said no ;). Upon arriving there about 10 days ago, she went to some courses and stuff then called me and said, it seems we can do it here. She's in the process of getting the paperwork taken care of then I'll be flying out and from what I can tell we will be married on base by the chaplain.

My question is regarding the aftermath of this marriage, and more exactly, living arrangements. Originally she was set to finish her A school in early June and be off to wherever she winds up next, where i would attempt to meet up with her at that point. But now it seems they are telling her she may be around in Florida awhile, and also told her that if we were married I'd be allowed to get on base housing, which she (ok both of us) are quite excited about. The opportunity for us to be reunited sooner than we thought is irresistible :cheesy:.

The question is one of law. she received her orders to report to Pensacola several weeks ago, late March. However, the marriage wont be taking place until either late April or early May. We moved into an apartment which she was in for only one week before leaving to boot, so her name was never on the lease. From what I understand, there is a law stating that a service member can cancel their lease at anytime upon joining the service or when they receive orders to move. The question I guess is, if we are married, will that give me the oppurtunity to terminate my lease, and free me up to move out there? Or am I stuck with this thing til it expires in August?

I realize i may have not provided enough information, so if anyone can help but needs to know anything else, please ask and I will more than happily provide.

[DK3]

From what I understand, there is a law stating that a service member can cancel their lease at anytime upon joining the service or when they receive orders to move. The question I guess is, if we are married, will that give me the oppurtunity to terminate my lease, and free me up to move out there? Or am I stuck with this thing til it expires in August?

I am not aware of any law such as that. However, when was in, I always insisted on a military clause in the contract (usually it was already there), that stated if you were transferred more than 50 miles from your current location you could break the lease.

Have you read your contract to see if it has any clauses about being transferred (military or private industry). If there is, you may have a way.

Another thing you may want to do is this, talk to your landlord. Explain the situation and see if he can work with you if you pay the expenses of readvertisting the apartment or something like that.

[TexasRaider]

I'm no lawyer, but the law im reffering to (if Im looking at the right thing) can be found here:
http://www.justice.gov/crt/military/scratext.htm

you have to scroll down to section 535

Its called "servicemember civil relief act section 535"

but form what I can tell the law itself leaves alot of "grey area".

I spoke with my landlord today, and she said I'd have to wait until the manager was back in town in a week to discuss possibly working something out.

thanks for the reply

[DK3]

Wow, this is new to me. Thanks for pointing that out. This law wasn't in force when I was in. So, I absolutely stand corrected.

I'm not a lawyer either. However, this is my take on it. Right now, since you and she aren't married, it non-applicable. However, once married and you become a dependant and when she get orders to her first command I think this provision will come into play:

(2) JOINT LEASES – A lessee’s termination of a lease pursuant to this subsection shall terminate any obligation a dependent of the lessee may have under the lease.

[TexasRaider]

What I would be inclined to think from the wording of this is that once we are married, i'd have to wait til she got orders. my landlord asked me if I understood the law and that if i could like, retroactively use her orders to report to Florida to get out of the lease. I can tell hes trying to help me if he can.

to quote one part though
"(1) IN GENERAL – The lessee on a lease described in subsection (b) may, at the lessee’s option, terminate the lease at any time after –



(a) the lessee’s entry into military service; or
(b) the date of the lessee’s military orders


I find it hard to believe that you could use orders to get out of a lease at any time though after recieving them, but i couldnt find any restrictions stated about "withing x amount of time" which is what i'd be looking for if i had to guess.

I appreciate your concern and help by the way

[DK3]

What I would be inclined to think from the wording of this is that once we are married, i'd have to wait til she got orders. my landlord asked me if I understood the law and that if i could like, retroactively use her orders to report to Florida to get out of the lease. I can tell hes trying to help me if he can.

to quote one part though
"(1) IN GENERAL – The lessee on a lease described in subsection (b) may, at the lessee’s option, terminate the lease at any time after –



(a) the lessee’s entry into military service; or
(b) the date of the lessee’s military orders


I find it hard to believe that you could use orders to get out of a lease at any time though after recieving them, but i couldnt find any restrictions stated about "withing x amount of time" which is what i'd be looking for if i had to guess.

I appreciate your concern and help by the way

I don't think that you would be able to retroactively use her orders TO Florida since you were not a dependant at the time. However when you get married and she get's her orders to the first station, then you could take action. I think you and I are saying the same thing though.

Hey look, I'm a sea lawyer.....:eek:

No problem that's what we are here for.

[TexasRaider]

yeah, its sounding like until i can find someone who knows how this stuff works and get a definite answer that I should be seeking other venues on getting out of this lease and getting out to her,

Back to looking for someone to sublease ;).

cheers