Posted on Jan 20, 2022
How long after PCS date can I terminate my apartment contract and not lose my security deposit?
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My spouse PCSed to turkey approximately 2 weeks ago, but due to the housing crisis I have been unable to find other living arrangements. Would I be able to give my apartment complex a 30 days notice after the PCS date and not be punished? I’m also from Massachusetts if that helps
PCS
Career Advice
Career Counselor
Posted 4 y ago
Responses: 4
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The easiest way would be to provide the apartment complex your wife's orders to give notice of PCS to break the lease.
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YES and NO. Who's name is on the lease? If both, it shouldn't be a problem. If it is the spouse only, the spouse is the only one to break the lease. Most property management companies around a military installation are usually flexible with PCS moves [my only issue was with a private owned duplex]. If it is you only, you may have an issue. REMEMBER: Rule of Thumb: Your Security Deposit minus "carpet cleaning" fee" [which in my last apartment was $150].
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This is a matter between you and the landlord. While there is usually a PCS clause in your rental contract, the most simple procedure is to discuss your situation with your landlord and make arrangements acceptable to you both. Understand during the discussion that you should allow an acceptable period for the landlord to find a new tenant.
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Are you PCSing as well? Moving back in the barracks? Are you still drawing BAH?
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SFC (Join to see)
If you’re leaving the area, see if they will take a copy of her orders to let you out of the agreement. I don’t know if rules have changed but I still drew BAH when on an unaccompanied tour, to cover housing for my wife. Is that not allowed any longer? She may have to apply for it, but it used to be a family benefit. You’re the family that money is for, SPC Dakota Irvine.
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SFC (Join to see)
His spouse is still in. She doesn’t get BAH? I got BAH for my family while deployed. Did they change this, SFC Kelly Fuerhoff? Do SMs now only get BAH if they’re accompanied?
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SFC (Join to see)
A member assigned to permanent duty within the 50 United States, who is not furnished Gov't housing, is eligible for BAH, based on the member's rank, dependency status, and permanent duty station zip code. A member stationed overseas (except in Hawaii and Alaska), including U.S. territories and possessions, who is not furnished Gov't housing, is eligible for an Overseas Housing Allowance (OHA) based on the member's dependency status. If a member with dependents (except for a member paying child support) is serving an unaccompanied overseas tour, the member is eligible for BAH at the with-dependent rate, based on the dependent's U.S. residence zip code, plus FSH at the OCONUS PDS, if the member is not provided Gov't housing overseas.
Tap first FAQ.
https://www.defensetravel.dod.mil/site/faqbah.cfm
Tap first FAQ.
https://www.defensetravel.dod.mil/site/faqbah.cfm
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SFC (Join to see)
My point was - someone is getting BAH for him at the with dependents rate based off his zip code, not hers. If they aren’t, they should be and his spouse should be able to get that fixed. Maybe things have changed since I was in. It’s been awhile but my CoC would have ensured my family was straight before sending me on an unaccompanied tour to include ensuring if I was receiving dependent benefits, they were going to my dependents, SFC Kelly Fuerhoff.
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