Legal Question in Landlord & Tenant Law in Virginia

Re: is this covered in the military clause

I would agree with your interpretation of matters only if in fact the entire lease were actually void upon the day of your transfer with all responsibilities/liabilites for all its signatories completely abrogated, a legal happenstance which I find quite unlikely. More probable is that you have read too broad an interpretation into the military clause provision and it will be void as to your liability/responsibility when you transfer your duty station but will continue to be valid and applicable with respect to your fiance since she cannot take advantage of the military exemption clause and she is a joint signatory to the lease sharing equal responsibility in it with you.

Re: is this covered in the military clause

I suppose it depends if you are both on the lease. If you are both on the lease they can hold your fiance to the lease because she is not married to you. She is separately liable. If she did not sign the lease, and only you signed it, they cannot hold her to the lease.

Re: is this covered in the military clause

I am confused by this, but I gather that the lease is in Virginia? I believe that if you are on the lease and are ordered away, the ENTIRE lease is void, including because you are both liable for the entire amount of the lease. For example, if your fiance did not pay anything, they would come looking to you to pay the entire balance, right? That means that you are on the hook for 100% of the lease if your fiance does not pay. That is one of several legal reasons why the ENTIRE lease would be invalidated when you are ordered out, in my opinion.

On the other hand I don't understand what you are saying about a new lease. Does your fiance WANT to stay there? No one can make anyone sign a new lease for any reason. You have zero obligation to sign anything new. So you should only be talking about a new lease if your fiance WANTS to stay there.

Also, be aware that if you were to "break" a lease for real (not when you have a right to do it), your obligation runs only up until the time when the landlord rents the place to a new tenant. So if you moved out April 25 and they rent the place to a new tenant on May 1, then you would owe them for only 5 days of rent, because they have replaced the tenatn with someone else. So they have not lost anything, except for 5 days (and any damage, etc.)