Read the fine print before signing a lease Published April 21, 2009 By Staff Sgt. Melissa Droddy Nellis Legal Office NELLIS AIR FORCE BASE, Nev. -- Not many people pay attention to the fine print of a lease when renting an apartment or a house. Reading the entire lease may prevent you from owing money when you have to terminate the lease due to a deployment or permanent change of station (PCS). In section 535 of the Service Members Civil Relief Act, active duty military members have the right to terminate a residential lease upon receipt of orders for a PCS or a deployment of 90 days or more. What this means is that when you receive your orders and provide proper notice pursuant to Section 535(c)(1), the termination will take effect on that date. As a tenant or renter, you are still financially liable for any repairs or maintenance that are beyond normal wear and tear, and the landlord is permitted to use the security deposit to cover these expenses. Another important factor that people tend to forget about is the incentives or concessions they receive when they sign the lease. If you have not met the time requirement, you may still be responsible for those costs as well. When reading your lease, there may be language that addresses the subject of "payback" should you terminate a lease prior to completion of its term. Look for language that reads: "Resident will be liable for any and all concession payback, if resident occupies the dwelling less than four months. Resident will only be charged a proration of concession payback at time of move out if at least four months of the lease term has been fulfilled." or "If for any reason this lease is terminated before the expiration of the 12-month term, then lessee agrees to be liable to lessor for the first month's rent and, additionally repayment of the monthly rental discounts previously taken in connection with this special offer." Any clauses that read similar to these would be a concern and should have you making an appointment for legal assistance before signing the lease. Having an attorney review all the documents prior to signing ensures that you, as the active duty member, make an informed decision before signing on the dotted line. For legal assistance on this topic, contact the Nellis Legal Office at (702) 652-7531 to make an appointment on Tuesday, Wednesday or Thursday from 8 a.m. to 8:30 a.m. Walk-ins and same day appointments are available Thursdays at 4 p.m. to 4:30 p.m.
