Home > Research Legal Advice > Landlord / Tenant > Breaking my lease due to husbands deployment to afghanastan.
Asked over 3 years ago - Everett, WA
Flagi would like to move back to my homestate while my husband is deployed. he is currently gone to trainging and leaves to afghanastan for 9 months in a few days. we currently have a lease signed to end jan. 31st of 2011. can i break my lease so i can move home? what do i need to do to get out of the lease? do i have to pay to break the lease or can i give notice and his deployment papers? im stuck and want to go home :( please help.
Washington Law does permit a member of the armed forces or military to terminate a lease upon receiving deployment or reassignment orders. However, such notice should be delivered to the landlord within 7 days of receipt. As such you should obtain a written document of the deployment order and provide this to the landlord.
See RCW 59.18.220, which reads as follows:
Termination of tenancy for a specified time — Armed forces exception.
(1) In all cases where premises are rented for a specified time, by express or implied contract, the tenancy shall be deemed terminated at the end of such specified time.
(2) Any tenant who is a member of the armed forces, including the national guard and armed forces reserves, or that tenant's spouse or dependent, may terminate a tenancy for a specified time if the tenant receives reassignment or deployment orders. The tenant shall provide notice of the reassignment or deployment order to the landlord no later than seven days after receipt.
Good day...
Well there is Federal law for the service person.. however I am not sure it applies to a non service person...
that is he could break a lease.. for being deployed more than 90 days..if he was alone..
you could check with the base Jag office..
90.475 Termination by tenant due to service with Armed Forces. (1) A tenant may terminate a rental agreement upon written notice if the tenant provides the landlord with proof of official orders showing that the tenant is:
(a) Enlisting for active service in the Armed Forces of the United States;
(b) Serving as a member of a National Guard or other reserve component or an active service component of the Armed Forces of the United States and ordered to active service outside the area for a period that will exceed 90 days;
(c) Terminating active service in the Armed Forces of the United States; or
(d) A member of the Public Health Service of the United States Department of Health and Human Services detailed by proper authority for duty with the Army or Navy of the United States and:
(A) Ordered to active service outside the area for a period that will exceed 90 days; or
(B) Terminating the duty and moving outside the area within the period that the member is entitled by federal law to the storage or shipment of household goods.
(2) As used in subsection (1) of this section, “Armed Forces of the United States” means the Air Force, Army, Coast Guard, Marine Corps or Navy of the United States.
(3) A termination of a rental agreement under this section is effective on the earlier of:
(a) A date determined under the provisions of any applicable federal law; or
(b) The later of:
(A) 30 days after delivery of the notice;
(B) 30 days before the earliest reporting date on orders for active service;
(C) A date specified in the notice; or
(D) 90 days before the effective date of the orders if terminating duty described under subsection (1)(d)(B) of this section or terminating any active service described in this section.
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