Is this a legitimate way to get out of our lease?

My husband is military, we started to rent a place in Arizona, we now have to get out of the lease because he is going to go remote, which means he will be all over the state as the task force needs him. So he will not be able to keeo the rental. My husband had them put in the lease a military clause, but we are unable to produce any papers stating that he is going remote. They are verbal orders. I showed the landlord the line on his orders which states he can be moved anywhere in Arizona per task force needs, but he is saying that he needs something different from the original orders. Something that would state that he is unable to stay in the house because of a change. But my husbands base will not make new orders for something already stated. Please see the military clause I am attaching and tell me, is he right, or are we right, or what can we do? Please Help!





Any other provision of this lease to the contrary notwithstanding, at least thirty (30) days prior to the normal expiration of the term of this Lease as noted under the heading TERM OF LEASE above, Tenant shall give written notice to Landlord of Tenant鈥檚 intention to surrender the residence at the expiration of the Lease term. If said written notice is not timely given, the Tenant shall become a month-to-month tenant as defined by applicable Arizona law, and all provisions of this Lease will remain in full force and effect, unless this Lease is extended or renewed for a specific term by written agreement of Landlord and Tenant.





If Tenant becomes a month-to-month tenant in the manner described above, Tenant must give a thirty (30) day written notice to the Landlord of Tenant鈥檚 intention to surrender the residence. At any time during a month-to-month tenancy Landlord may terminate the month-to-month Lease by serving Tenant with a written notice of termination, or by any other means allowed by applicable Arizona law. Upon termination, Tenant shall vacate the premises and deliver same unto Landlord on or before the expiration of the period of notice.





Military Clause: This Lease is executed with the express understanding by Landlord that Tenant is on active duty with United States Armed Forces. Therefore, the lease may be terminated by Tenant (1) 14 days after Tenant notifies Landlord, in writing, that the Tenant has received involuntary permanent change of station orders to a duty station located more than 50 miles from Phoenix, Arizona. (2) 72 hours after Tenant notifies Landlord, in writing, that the Tenant has been activated for Title 10 orders overseas (3) 14 days after Tenant notifies Landlord, in writing, that Operation Jump Start ends before June 30, 2008. Tenant will provide Landlord with a copy of such documents as may be necessary to substantiate the exercise of this military release clause. When this Lease is terminated through this military clause, the deposit will be returned to the Tenant minus $300 non-refundable cleaning fee and other fees for damages to the property, if any.|||I am understanding the military addendum that was added to the lease stated they would put the move in WRITING. It sounds like you are saying the landlord is O.K. with the move IF you present the move in writing as the military addendum states it will.





IF I am understanding correctly, you have it in writing that the military owes your landlord a letter to get you out of the lease.





Your husband needs to take the lease %26amp; the military portion to whoever he has to in order to get a letter stating his departure. You have it all right there in front of you to prove it.





Just a note, I have been accused of being of being nasty %26amp; rude in my answers to people. Just want to say if I come across rude, I am sorry.|||It does not appear as though your husband's change of duty terms qualifies you to break your lease. This is the clause which is giving you trouble. "the Tenant has received involuntary permanent change of station orders to a duty station located more than 50 miles from Phoenix".





Your husband has not received orders which meet those terms.|||The key here is the statement in the military clause of involuntary permanent change of station, as it reads he will be randomly moved around the state for various temporary duties, thus does not meet within the guidelines. Question is are you going to keep moving with him every week, or month? I believe his home base is still where you are.Yes they will not recut orders, but if by chance I am incorrect in my assumption then a letter from the CO to the landlord should suffice|||Sounds like you need to see logistics at the base. Have them transcript something for landlord, to the effect that your husband has been relocated per military orders and that the Military clause in the lease is now in effect. Something like that. You may need to have him get his CO to do it, or have him call the landlord. But, by reading it, it says that the change of orders, which should be in writing, should be provided to the landlord. Otherwise, there is nothing you can do.