Legal Question in Military Law in New York

Re: Breaking a lease

I can only give you general advice here. If you are activated in FEDERAL [Title 10] status, you have certain legal rights under federal law that MAY allow you to terminate your lease early without penalty. To give you specific advice, any competent attorney will have to first review the lease and your orders. If your Guard unit has a JAG, make a legal assistance appointment and they should be able to help you for free. But, I know that not all guard units have JAGs. I see that you live near Hamlin, so going up to Ft. Drum is probably not practical.

If you are activated under State Authority, it is a much thornier question, because the law is totally different, as the Federal law does not generally apply.

If your Guard unit does not have a JAG and if there is no JAG assigned to provide legal support [your CO or XO will know], e-mail me directly at:

[email protected]

I may be able to help you out.

Good luck,

Don Rehkopf

Re: Breaking a lease

Oftentimes, a review of your lease will reveal a military clause which provides that if you are PCS'd (sometimes if you're called up on Title 10 as well), that you may terminate the lease with 30 days written notice.

If this clause is not in your lease, I think I would notify my landlord of the possibility, thus giving hime notice so that if the contingency occurs, he may have a renter in mind so that he can move in right away and your amount of damages (rent not paid on the lease) would be minimal.

The landlord must look for a renter. Thus, if we go to the Gulf and you get called up in February and must break your lease, the landlord must look for a new renter. If the renter can move in in March and pays the same rent or more, you would most likely only be liable for the rent for the small time the apartment was empty.

You may also consider keeping the apartment if you get free base housing when you're called up, and just pay your regulr rent.

Remember to update your will and power(s) of attorney (make this one limited/specific and not general) and GOOD LUCK!

If you have any more questions, e-mail me--Steve Brand

The information contained herein is for informational purposes only, and is not legal advice on any subject matter. No recipients of this document should act or refrain from acting in reliance on its content without first seeking appropriate legal or other professional advice. Transmission of this document does not create an attorney-client relationship between Steven T. Brand, Esq. and any recipients.