Legal Question in Real Estate Law in Texas

I signed a year lease at an apartment complex. When discussing the terms before signing, I was assured that if I decided to move with my husband, who is in the US ARMY, when he was PCSed that I could add him to the lease(he was in basic and out of state at time of signing), and use the military clause to get out. They assured me this to have me sign with them rather than a neighboring complex that offered 6month leases (I lived at the apt for 5months, I wouldve stayed an extra month if needed.) I was not sure if I was going to move with him as the word at that time was he would be deploying within a couple months. When we found out he was not leaving until 11 months later, and he recieved his orders, he came home to add his name to the lease. He was not approved due to a charge from 2yrs and 11months prior, and anything shorter than 3yrs the apt would not approve. I decided to move anyway, and deal with the charges. But rereading over the lease it states that "for the purposes of this lease contract, orders described above will only release the resident who qalifies ...and received orders during contract, and such residents spouse." Considering he was never a "resident" but I was, and I am his spouse, shouldn't I be allowed release from the contract as well?


Asked on 1/13/10, 9:39 am

1 Answer from Attorneys

Cheryl Rivera Smith The Smith Law Firm

The Army should be able to help you with this. Have your husband contact his JAG lawyer. Letters from JAG tend to get immediate results. God Bless.

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Answered on 1/18/10, 9:52 am


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