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Breaking a Lease with a Military Clause?

If my tenant signed a lease in which they stated they would give 60 days notice if the military transferred them 50 miles, can they break that lease with only 30 days notice? I know the Military Clause is 30 days, but they signed one in my lease for 60 days. Which holds more weight? The law or the lease?

6 Answers

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  • 1 decade ago
    Favorite Answer

    Take it to the extreme. If they signed a lease waiving all of their rights as a Tenant, right to privacy, right to hot & cold running water, etc, would you be able to enforce that lease?

    If the Tenant who signed away all their rights then took you to Court because you shut off their water, even though you had a Lease signed by them saying it was okay for you to do that, the Judge would still find in their favor. You cannot legally enforce a contract which denies someone their rights, even if both parties are willing signers.

  • 1 decade ago

    I agree. They serve this country and make sacrifices very few of us are willing to make. It's not easy to move around the way a military family does. Let them out of the lease. They at least gave you 30 days.

  • 1 decade ago

    The military clause holds more weight. As the others have said they have given you the required 30 days notice.

    Source(s): USN Retired.
  • 1 decade ago

    Probably the law. In my state, a rental agreement cannot require a tenant to waive their rights. However, check your state's landlord tenant laws.

    It's disturbing that you would you try to require someone in the armed services provide more notice than required by law.

    Source(s): property manager
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  • rtfm
    Lv 7
    1 decade ago

    The law. You can't hold someone to any contract if it's in violation of local laws.

    They're serving our country. Give them a break, OK?

  • Anonymous
    1 decade ago

    Oh my word he's serving in our country for pete sake!!! What the heck are you thinking of course you should let him break the lease!!

    Source(s): common sence
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