Leases and Rental Agreements Even During Deployment
Story by: DEP MOB Staff
Here's the actual Kansas Law:
58-2570. Termination of tenancy; notice; holdover by tenant; remedies. (a) The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least seven days prior to the termination date specified in the notice. (b) The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other party stating that the tenancy shall terminate upon a periodic rent-paying date not less than thirty (30) days after the receipt of the notice, except that not more than fifteen (15) days' written notice by a tenant shall be necessary to terminate any such tenancy where the tenant is in the military service of the United States and termination of the tenancy is necessitated by military orders. Any rental agreement for a definite term of more than thirty (30) days shall not be construed as a month-to-month tenancy, even though the rent is reserved payable at intervals of thirty (30) days.
This allows a military service member to terminate a month to month lease with 15 days notice. Nearly no landlord gives month to month tenancies.
Military members who have a "military clause" in their lease may be able to terminate the lease prior to the end of the term. Read your lease. Most military clauses allow for early termination only if the military member receives Permanent Change of Station (PCS) orders. Your landlord may be willing to voluntarily allow you out of the terms of your lease. Military members should consult an attorney regarding their specific situation. Here are two web sites that you can refer to for additional information:
Housing Landlord/Tenant Issues and State of Kansas Attorney Generals Office
The Legal Assistance Office provides legal advice to Service members, Family members, and retirees. Call (785) 239-3117 for an appointment.