Advice needed quickly!

[NavyWife0332]

What is the name of your state?What is the name of your state?What is the name of your state? Indiana


Hi everyone. I am new to this web site, I found it on a search engine. Anyway, I need some advice or the help of someone more knowledgable about this than I am.

I am a college student who will be graduating in May. However, I did not know I would be graduating when I signed my lease, I wasn't going to finish school until July '06. I live in an apartment complex composed of 99% college students. I signed a lease for August 2004 to July 2005, and then last fall I signed for August 2005 to July 2006 as well. I moved into this apartment on August 7, 2004, but was required to start paying rent in June 2004 (full month's rent for two entire months that I was not even allowed to live here). This was on top of the security deposit.

Anyway, I have had some very life-changing events happen in the past couple of months. I got married, and then a week later my mother unexpectedly passed away. I decided that I could just not concentrate on school as much as I should be concentrating, so I changed my major and will finish a lot earlier than I thought. My husband is a member of the United States Navy, stationed in California. I am planning to move out there with him in May, so I need out of my lease.

I talked with the assistant property manager about all of this, and she told me that I need to find a subleaser for the summer, and if I find someone by June 1, 2005 to take over my lease for August 2005 to July 2006, she will shred my lease and that person can just sign a new one.

I searched for a subleaser for May 2005 to August 2005 with NO luck. The complex I live in is very nice, but the property managers are idiots, and our maintenance people are awful. I had a few people call about subleasing for the summer, but when I told them which complex it is, they said no way. So I am now searching for someone to take my place here for August 2005 to July 2006.

My thought is that since the rent is already paid in full for the entire summer (and I would still be paying rent anyway then, so they'd be getting DOUBLE the rent) I am just going to move out. They already have their money, so what's the big deal? I have a room mate, so the apartment wouldn't be completely empty. I might be completely wrong on that, but I don't see why those two months really matter. I will still pay May's rent, commencement is on May 7th and I need to pack after that, so I'll be here for a couple weeks (but will pay the entire month rent anyway). However I am still needing to find someone to take the lease over starting in August. I have had no luck at all in finding someone. I have ads in the newspapers, ads posted online, and have asked many people in person (as has my current room mate).

I know that the apartment my husband lives in out in California has a military breach, but am unsure whether or not Indiana has anything like that. I would think that with all of the National Guard members we have here who have gotten deployed, there has to be something. They have leases too, and I know that they have gotten out of them. I am curious as to whether or not I could use some sort of military breach since I am a military spouse. This is all adding so much stress to me, it is not as though I just don't feel like living here anymore. If my mother had not passed away, I would still be in school until July 2006, so it's not as though I am doing this soley on the fact that I got married and want to move out to be with him. Also, when I talked to the assistant property manager about all of this and she gave me the June 2005 deal (find someone by then, it won't be a sublease) she said that it was just between her and I. She left last week, stating circumstances beyond her control, so since no one else in the office knew about that, it is out the window.

Can anyone help me? PLEASE! I am so stressed about this and just don't know what to do

 

[WhiteMidnight]

Ask whoever is doing her job now. Chances are, as long as they know they will get money for the apartment, they won't mind if you find someone else. Unless their only purpose in life is to make everyone else's lives a living hell.

Most military clauses are only for military personnel going into active duty. Since there is no chance that you would be going into active duty, I doubt you'd find much help there. It wouldn't hurt to ask someone though. If there is a military base anywhere in your state, you may be able to find help there. Ask your husband what department you would have to contact for that info.

Suggestions for finding a new tenant...... High school seniors will most likely be touring the area soon, getting ready to start college next fall. Some may already be looking for an apartment too. Maybe you'll have some luck getting one of them to go for it. Will they allow you to put flyers up on the college campus?

 

[NavyWife0332]

Thank you! I actually heard back from the woman who is doing her job now, and she said that she will keep it that way since that's what I was told.

I have a girl coming to check out the apartment tomorrow evening, she seems really interested. *fingers crossed*

As far as the military thing.... From what my brother-in-law told me (he is finishing up law school right now), he is pretty sure that if I can find that miltary clause it will work for me. My husband is active duty, and he said that all it would take is for one of the higher-ups to talk with my property managers and it would be taken care of. I don't know that for sure, he said he'll try to find out more for me.

At this point, if the girl tomorrow decides to sign, I'm good to go. She called about 10 minutes after I posted on here and was practically ripping my hair out *lol*

Oh, and I wish the freshman idea would work. Freshman are required to live in the dorms though unless they live at home with their parents/guardians. Once the weather gets a little nicer I will post flyers too, but it's just so cold and nasty right now that it'd be a waste of time, no one ever checks the little flyer stands

Anyway, thanks again, I really appreciate the reply, I didn't think I was going to get any!

 

[Who's Liable?]

It does not matter if the spouse is on active duty... All they have to do is live in the unit... Only one person(man or wife) has to be on active duty... While the following clause is for active duty members and their spouses, it might be a little different because you two were not on the lease together prior to you getting married... You can try it and see what happens, but you might want to call your husbands base and try to find out...


A lease for property occupied for dwelling, professional, business, agricultural or similar purposes may be terminated by a servicemember if the following condition is met:

* The leased premises have been occupied for the above purposes by the member or his/her dependents.

To terminate the lease, the member must deliver written notice to the landlord at any time after call to active duty or receipt of orders for active duty. Oral notice is not sufficient. The effective date of termination is determined as follows:

* For month to month rentals, the termination becomes effective 30 days after the first date on which the next rental payment is due subsequent to the date when the notice of termination is delivered. For example, if the rent is due on the first day of each month, and notice is mailed on August 1, then the next rental payment is due and payable on September 1. Thirty days after that date would be October 1, the effective date of termination.
* For all other leases, termination becomes effective on the last day of the month following the month in which proper notice is delivered. For example, if the lease requires a yearly rental and proper notice of termination is given on July 20, the effective date of termination would be August 31.


The servicemember is required to pay rent for only those months before the lease is terminated. If rent has been paid in advance, the landlord must prorate and refund the unearned portion. If a security deposit was required, it must be returned to the servicemember upon termination of the lease.