Do apartment/rental housing agency’s have the right to request copies of military orders for breaking a lease?

January 29, 2010

apartment rental

My husband received assignment somewhere else and so we had to break our lease early, and the apartment / rental company that leases the property said they needed to have a copy of my husband’s orders and that he could not just show them to the management.

Is this legal?

Real Estate Professionals

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{ 21 comments… read them below or add one }

cincywahine August 29, 2009 at 4:29 pm

ABSOLUTELY!!!

EDIT TO ADD—-

You can black out all of the private information that they don’t need to know.

Matthew September 1, 2009 at 5:02 pm

Yep. Many leases spell this out. What’s the problem with giving them a copy?

upthcrek September 4, 2009 at 10:13 pm

Yes that keep some of the bad apples from lying just to move.

c m September 5, 2009 at 6:13 am

of course, otherwise why would they let you outta the lease.

republicansrstupid September 7, 2009 at 10:03 pm

Yes. You entered into a legal binding contract with the leasing company, and they are being nice by giving you an opt out without penalty, and all you have to do is give them a copy of a legal document…. and you complain?

Greg M September 10, 2009 at 8:15 am

Yes. Technically, they’re being generous to you! I’d comply and work with them as they’ve directed and pray they give back your deposit and last payment.

As someone else mentioned, redact all personal info like SS# and DOB’s etc. They’re really trying to help you if I’m understanding the situation correctly. After all…you’re breaking the contract!

gunplumber_462 September 13, 2009 at 3:58 am

Probably legal. If you leave a copy of the orders make sure you black out any sensitive information - SSAN and such.

Tatjana September 14, 2009 at 11:21 am

Not sure about the Orders part. But you have to prove that your husband has been assigned to another Post. Maybe his CO can write an letter.
Btw, breaking a lease could result in a Lawsuit, be careful. Since you guys are in the Millitary they could win and have the Judgement taken out of his Pay.

CoachT September 17, 2009 at 12:05 am

Not only legal but usually required in the lease. It’s the only way the property owner has of knowing that you just didn’t decide you want to break the lease and are making it all up.

Of course, some people are known to just scan a copy of some orders and make changes in photoshop so that they can trick a landlord. Not very nice but it happens.

If you want a good rental reference when you move to the next place, it’s a good idea to cooperate fully with whatever (within reason) that they need.

shrty0525 September 17, 2009 at 9:19 am

Some places are nice enough to have a PCS clause that lets military members break the lease with no penalties.

You’d be better off giving them a copy. Not really a big deal as they already have all his information.

boredwithyou September 20, 2009 at 11:54 am

Yes but definitely black out any information they are not already privy to. Your only other option is to pay the lease out and lose your deposit.

book writer September 22, 2009 at 11:12 pm

Yes they can, but no private information about anything else, just the transfer

MRS.SAENZ September 24, 2009 at 9:23 pm

yup, sure is especially if breaking a lease.
that is why you sign a lease promising to stay for a certain amount of time. so if breaking it then they can ask for whatever proof they need. they need to make sure it is not just a scam to leave early.
whats the big deal your husband can get his orders easily,
mine gets his with no problem.

Brad V September 26, 2009 at 3:55 am

I believe they are crossing the security line on this one. For all anyone knows, your husbands orders are top secret, and by revealing his destination, his whole unit would be outed as well.

I believe someone in authority, from your husbands unit, should give these people a call and tell them your husband is being deployed or relocated, and that is all they are prepared to reveal given that we are at war, and information such as this is not offered to the public sector.

*Army*Wife* September 26, 2009 at 11:54 am

yes and its called having a lease with a military clause… make sure every lease you sign during your military service has a military clause in it otherwise they dont have to let you break your lease.

TedEx September 29, 2009 at 7:55 pm

So get a copy made. What’s the big deal!

Mrsjvb September 30, 2009 at 8:29 pm

yes, that is perfectly legal. proper supporting documentation is always required.

badbender001 October 3, 2009 at 1:05 am

It is legal. Most places also require a written notice 30 days in advance along with the orders. That way you won’t get charged for breaking a lease early. Naturally you can blot out sensitive information like social security numbers. If in doubt visit the base legal office.

Annie October 5, 2009 at 2:12 am

Yes it is. You don’t mention if you had a military clause in your lease (lets you break the lease if you are given orders to a new base without the financial penalties you would be hit with otherwise), but it is always a must for military members. In any case, weather you have it or not, the landlord has a right to proof of the move (the reason you are breaking the lease) and to keep proof of it for legal purposes.

Justice35 October 5, 2009 at 9:52 am

Yes, how else can you break your lease saying we have orders? you have to provide a copy to housing office if you live in post housing why would off post housing be different?
Gotta prove you are moving… sorry

Long as you have a military clause you will be fine and give them a copy of his orders.

ANG Soldier &Armywife

chris s October 7, 2009 at 7:34 pm

Yes and it shouldnt be a big deal. They probably already have all your info, SSN etc…..just as long as it is legit they should be no problems.

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