Legal Question in Real Estate Law in Massachusetts

The Military Clause and rentals

I am joining the Air Force. When I receive my orders to go to Officer Training School in January, I will have to break my lease. My lease states that I can not sublet my apartment. I have one roommate. Is there such thing as a Military Clause that would allow me to get out of my lease, penalty free? After all, I have no choice but to go. What can I do?

Thanks.


Asked on 7/10/01, 5:25 pm

1 Answer from Attorneys
Robert Trant Law Office of Robert R. Trant

Re: The Military Clause and rentals

You would not be able to get out of the lease "penalty free" unless there is a specific clause in the lease which allows you to break the lease. The landlord would be under an obligation to attempt to re-rent the unit to another tenant. You would be responsible for rent from the time you leave until the unit is re-rented assuming the landlord extends a reasonable effort to find another tenant. You could try to find another tenant and talk to the landlord about setting up a new lease with this person. Often times, a landlord does not want to give you the power to sublet since they want to review prospective tenants who may occupy the unit.

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Answered on 7/11/01, 12:03 pm


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