I’m currently a tenant renting an apartment in Washington state. I have retired from Active Duty military and provided my orders to the leasing office to break my lease for my apartment and move.

The leasing office is requiring me to pay $3,766 to break my lease. The Property Manager says that waiving the lease break fee does not apply in cases military separation and retirement but only permanent change of station and deployment. Is this correct?

It is my understanding that the Service Member Civil Relief Act and while Washington state law is somewhat vague, the Attorney General provides clarification in AGO 2019 - No. 7 that these instances are covered.

I provided ample notice to my leasing office on the 20th of July and my home of record for the military is Colorado Springs. The Property Manager stated she would reach out to their attorney for written guidance to provide me but has yet to do so.

I confirmed when signing last year that my lease has a military clause and I have the leasing office’s confirmation response in an email.

Am I correct in my assumptions?

If I have to pay, it’s fine but I’ve never heard of this not applying to instances of retirement and separation in my 11 years of service.

AGO 2019 - No. 7

Washington State—Armed forces exception.