Legal Question in Military Law in Georgia

Military personnel being penalized for breaking lease due to PCS orders

My husband was under the impression that we were not to be penalized for breaking our lease when given PCS (permenant change of duty station) orders, however, when we followed the orders and moved we were in fact penalized for breaking the lease. is there a federal or state law that protects us as a military family?

Thanks in advance,

--name removed--Grant


Asked on 6/04/01, 6:28 pm

1 Answer from Attorneys
Philip D. Cave Military Law & Justice

Re: Military personnel being penalized for breaking lease due to PCS orders

It is (or should have been) in the lease contract you signed. It is called a "military clause" which allows for a person to break the lease if being transferred due to military orders prior to the expiration of the lease. Usually 30 - 60 days notice is required. You should check the lease just in case it is a month to month lease, in which case the answer might be different. As a general rule there is no federal requirement for that provision, it is negotiable. I'm not aware of any state law provision.

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Answered on 6/26/01, 8:46 pm


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