Please help me understand this clause

[huskermommy]

My husband is being transfered to a location 2-3 hrs away and we are still in lease. We are about 1.5yrs into a 2yr lease. Here is what I found in the lease and I'm wondering if it pertains to our situation or not...

6. TRANSFER/MILITARY CLAUSE. (The Property Manager may terminate this lease by giving the Tenant thirty (30) days written notice to that effect. Such notice shall cancel this lease thirty (30) days after the notice of termination is given to the Tenant). In the event the Tenant receives notice of military transfer, beyond the control of the Tenant, a mininum of thirty (30) days written notice prior to the transfer shall be given to the Property Manager. In order for the Tenant to invoke this clause, the Tenant must provide written notice of transfer plus a copy of Tenant's orders to the Property Manager thirty (30) days prior to the transfer. Such a transfer must be outside the Omaha/Council Bluffs area, more specifically outside a fifty (50) mile radius of the Sarpy County Courthouse in Papillion, Nebraska. Tenant is responsible for a full months rent in the month.

OK.... SO my husband is NOT in the military, but he is being transferred without choice (unless of course he wants to be unemployed) and we do have papers stating that. So is this JUST for military ppl? Or can we use this transfer clause?

TIA!!

[zebra15]

No that clause is for Military only... sometimes the military gets 'exempt' due to change orders or duty orders etc (I think its called PCS-ing) permanent change of station.... that clause does not apply to corporate america.

However the rental office may be able to transfer your lease to a sister property in your new town.

[huskermommy]

Well, lovely. The property is owned by an independant real estate company here in the area so transferring the lease isn't an option. Bummer.

[staceychev]

Have you actually just talked to your landlord? I never had a problem being let out of a lease before the time was up (in NYC, they can raise rents after you move out, and in the other cities I've lived, apts have been in enough demand that they were re-rented very easily...).

[huskermommy]

No, we haven't mentioned it to the landlords yet. They're not... um, what you would call "nice people". I would think they could rent the place. It's a house in a really nice neighborhood. But who knows.

[huskermommy]

So now what???? We'll be responsible for paying the 6mos rent? UGH!

[angelcollector1]

You should give them notice immediately. Explain the situation and see if they will let you out of the lease with 30 days notice. If not, they can bind you to the 6 months however... only until they rent the house out, and they have to advertise and work to find new tenants for it. So if you give them notice and they won't let you out of the lease, they have to advertise it immediately and work to find a replacement. You are responsible for the rent for as long as it's empty.
I have had to be let out of a lease in the past that didn't have a clause. It was a private family owned company and they understood that I had to leave and relocate 800 miles or be unemployed.. They let me out of the lease with 30 days notice and my security deposit.
Good luck.. hopefully they are understanding considering the economic situation and unemployment rate. I would think they'd let you out of the lease rather than have your husband be unemployed and then you couldn't pay your rent and they'd have to go through the trouble of a tenant being evicted and the expenses associated with it.