LLa - tell me how much trouble this will cause

[ChiliPalmer]

I live in Florida. And I imagine the answer to the thread's question will be "a lot".

We're military. My husband just returned (and I do mean "just") from a three week underway. During this underway, he was given new orders. Being that he received said orders at sea, he did not return to port with enough time to execute a 30 day written notice. He recently re-enlisted and, yes, we were aware we would be getting new orders. However, he is attached to an aircraft carrier which is currently a hotbed of arguments between the Pentagon and Congress (Navy wants to decommision, Congress responds with new legislation to block, etc). Everyone has been in a holding pattern since at least February. The rental company has known about this as long as we have, and that we would let them know once we had something definitive to tell them. Hold on to your hats, because it's going to get worse.

We've had problems with these people ever since we moved in. Here and here are two links to threads I started a few days ago on this board, in regards to issues we've had with them. First link's issues were resolved (I'm assuming temporarily).

The new orders are for a different base in the same city. The base is a three-hour drive away from his current duty station, which necessitates a move. However, our dealings with the current rental company can best be described as "combative". If you think they're going to flip over being presented with last minute orders, just wait until they find out we're not even leaving town.

But wait! There's more! (The fun just never stops, does it?)

The husband's ex-wife called three days ago. Because of a dire emergency, she no longer wants custody of their three children. They will be arriving on the 17th to live with us permanently. This would put us at too large a household for the place in which we currently reside (and rather efficiently proves the old saw that everything waits until military men leave town to just fall apart in a spectacular and catastrophic manner). The rental company does not own larger units which would accomodate our increased number in accordance with state laws (explained to me by another landlord as 'two heartbeats per bedroom, with allowance for infant or small pet').

So. Give me a damage assessment and a plan to minimize anticipated damage. Our lease is not up until December. The rental company's office opens on Monday morning and we have to know how to handle this by then. Thank you kindly!

 

[south]

Lay of the coffee, what are you on about?

You are trying to mix your personal life and make it the landlords problem.

Thats a wonderfull story and I did not lose my hat, the tall and short of it is; you are bound to the lease and the lease term, so no matter what ducking and diving you and your husband are going through does not change the lease.

So if there is something you need to do follow the lease, every tenant has some kind of power story at the end of the day the lease has to be followed.

P.S The deployment excuses are all ready played out, you knew your husband was in the business he was in when you signed the lease its no surprise if he has to go somewhere.

I live in Florida. And I imagine the answer to the thread's question will be "a lot".

We're military. My husband just returned (and I do mean "just") from a three week underway. During this underway, he was given new orders. Being that he received said orders at sea, he did not return to port with enough time to execute a 30 day written notice. He recently re-enlisted and, yes, we were aware we would be getting new orders. However, he is attached to an aircraft carrier which is currently a hotbed of arguments between the Pentagon and Congress (Navy wants to decommision, Congress responds with new legislation to block, etc). Everyone has been in a holding pattern since at least February. The rental company has known about this as long as we have, and that we would let them know once we had something definitive to tell them. Hold on to your hats, because it's going to get worse.

We've had problems with these people ever since we moved in. Here and here are two links to threads I started a few days ago on this board, in regards to issues we've had with them. First link's issues were resolved (I'm assuming temporarily).

The new orders are for a different base in the same city. The base is a three-hour drive away from his current duty station, which necessitates a move. However, our dealings with the current rental company can best be described as "combative". If you think they're going to flip over being presented with last minute orders, just wait until they find out we're not even leaving town.

But wait! There's more! (The fun just never stops, does it?)

The husband's ex-wife called three days ago. Because of a dire emergency, she no longer wants custody of their three children. They will be arriving on the 17th to live with us permanently. This would put us at too large a household for the place in which we currently reside (and rather efficiently proves the old saw that everything waits until military men leave town to just fall apart in a spectacular and catastrophic manner). The rental company does not own larger units which would accomodate our increased number in accordance with state laws (explained to me by another landlord as 'two heartbeats per bedroom, with allowance for infant or small pet').

So. Give me a damage assessment and a plan to minimize anticipated damage. Our lease is not up until December. The rental company's office opens on Monday morning and we have to know how to handle this by then. Thank you kindly!

 

[ChiliPalmer]

Thanks South, I was hoping you would chime in.

Thats a wonderfull story and I did not lose my hat, the tall and short of it is; you are bound to the lease and the lease term, so no matter what ducking and diving you and your husband are going through does not change the lease.

So if there is something you need to do follow the lease, every tenant has some kind of power story at the end of the day the lease has to be followed.

P.S The deployment excuses are all ready played out, you knew your husband was in the business he was in when you signed the lease its no surprise if he has to go somewhere.

That last is very much confuddling me. He isn't deploying (did I say that? If so, my bad, not what I meant at all); he's being transferred. And the rental company knew what business he was in too, though I'm not sure what that has to do with anything at all - unless perhaps you're suggesting that military folk shouldn't ever rent because they move often.

As to the rest, let me see if I'm following you. You say we should stay in a home which the rental company is not allowed to let to us, and which is three hours from my husband's work. Please do correct me if that is incorrect in any way. Also, I take it this is implying a loophole in the law, by which if the household size increases during the lease then maximum occupancy laws do not apply? That's something I should probably look into, thanks.


Hey, man, lay off the bitterness, eh? I'm sure it causes liver cancer and that's just not good. Excuses, power play, blah blah... If I wanted to be an asshat I'd wreck the place, leave with no notice whatsoever, report them to Housing, sue for violating the lease agreement or otherwise come up with exciting ways to annoy the piss out of them. But if that were my end goal, posting here would be redundant. A challenging situation has arisen and I want some useful ideas from experienced people as to how I might handle it. (And no maligning of coffee, which is the nectar of the gods.)

 

[ENASNI]

ooohh

dog fight... get the popcorn folks....

 

[south]

Now you are showing yourself with all that talk about what you could do by wrecking the place etc.

Again; Deployment, Transfer, Beam me up Scotty what ever you want to call it at the end of the day you have a contract, what ever your reason for getting out of the lease has nothing to do with the contract and your Military stories are a waste here and should be left ready for a good fire side and pipe story.

Military folk as you put it are still all in the same category as any other renter, many renters have to move for one reason or another, I have been in the military so what, it makes no difference, if you know the job requires a lot of moving around only sign MONTH to MONTH agreements.

Move along soldier.

That last is very much confuddling me. He isn't deploying (did I say that? If so, my bad, not what I meant at all); he's being transferred. And the rental company knew what business he was in too, though I'm not sure what that has to do with anything at all - unless perhaps you're suggesting that military folk shouldn't ever rent because they move often.

As to the rest, let me see if I'm following you. You say we should stay in a home which the rental company is not allowed to let to us, and which is three hours from my husband's work. Please do correct me if that is incorrect in any way. Also, I take it this is implying a loophole in the law, by which if the household size increases during the lease then maximum occupancy laws do not apply? That's something I should probably look into, thanks.


Hey, man, lay off the bitterness, eh? I'm sure it causes liver cancer and that's just not good. Excuses, power play, blah blah... If I wanted to be an asshat I'd wreck the place, leave with no notice whatsoever, report them to Housing, sue for violating the lease agreement or otherwise come up with exciting ways to annoy the piss out of them. But if that were my end goal, posting here would be redundant. A challenging situation has arisen and I want some useful ideas from experienced people as to how I might handle it. (And no maligning of coffee, which is the nectar of the gods.)

 

[BL]

Shouldn't the man wearing the hat be talking to someone in the military legal dept. ? , instead of looking for civilian answers ?

 

[south]

Nope the unit he is renting has nothing to do with the military.

They would have better chance of getting the landlord to break the lease by pointing a couple of 15mm cannons at his office.

Shouldn't the man wearing the hat be talking to someone in the military legal dept. ? , instead of looking for civilian answers ?

 

[ChiliPalmer]

Now you are showing yourself with all that talk about what you could do by wrecking the place etc.

Bah. You're not paying any attention. I didn't say a jolly thing about "I'm going to wreck the place". I said that if I weren't here for solid information in good faith then I would be off doing problematic things rather than coming here to find a proper solution. I've never wrecked a place in my life, I've yet to had any portion of a deposit withheld, the first has never come without my rent check having been in the owner's hands long beforehand, and blast if I plan to ruin my track record this late in the game. Unproductive, to say the least.

Again; Deployment, Transfer, Beam me up Scotty what ever you want to call it at the end of the day you have a contract, what ever your reason for getting out of the lease has nothing to do with the contract and your Military stories are a waste here and should be left ready for a good fire side and pipe story.

Wonderful, and your comments on the military clause required by law in all leases would be what, exactly? Your implication seems to be "Hang the law and ask me if I care," which really doesn't strike me as being in line with the sensible suggestions I've seen from you. At least, not unless I am completely misunderstanding you.

Military folk as you put it are still all in the same category as any other renter, many renters have to move for one reason or another, I have been in the military so what, it makes no difference, if you know the job requires a lot of moving around only sign MONTH to MONTH agreements.

"Woulda, coulda, shoulda" is not the slightest bit helpful to either myself or my rental company, though I shall keep this in mind in all future situations (as it may be too-little-too-late right now, but remains very good advice for the next go-round).


ENASNI, I don't want to fight with him. He strikes me as a very reputable sort of fellow and as the least likely to blow smoke up my arse end. You know, I rather like his blunt approach. Though I confess that I'm really not getting where he's going with all this and will probably have to keep researching.

 

[ENASNI]

ENASNI, I don't want to fight with him. He strikes me as a very reputable sort of fellow and as the least likely to blow smoke up my arse end. You know, I rather like his blunt approach. Though I confess that I'm really not getting where he's going with all this and will probably have to keep researching.

He is a good guy, but I am keeping out of this unless I can come up with something. but it is Saturday and well... sorry.

 

[Devedander]

All previous posts aside:

You are going to be in violation of your lease and or of state law one way or another shortly.

You say that the rental company knew of your situation when they agreed to rent to you. Did they add a clause referring to this into the lease? If not, the knowledge is interesting but not applicable. You can enter into a lease with a person you know will move tomorrow, the lease is still binding.

Your new family members are unexpected but will put you in a position to be evicted. It sucks the x wife is dropping the kids on you now, but life is full of surprsies, many of them nasty. Again unless there is an unexpected increase in family clause in your lease, this is no fault of the rental companies and so they have no responsibility to provide a solution.

It's not exactly your fault either, but your husbands kids = his responsibility expected, wanted, or elsewise.

I would consider asking the military for help paying your penalties as part of relocation, they are in a pinch for soldiers right now so may be willing to go the extra mile for you.

But in no way is anyone responsible for your situation more than you (and by that I mean your family) are. Recap:

Your husbands kids
Your husband chose to join the military, and chose to reinlist
You chose to enter a lease without garauntee that you could meet all the requirements of the lease

On this issue you are in violation, not the rental company. Sorry but extenuating cirumstances rarely if ever override contract or law.

I would sugest ask the rental company nicelly to understand your plight and show you some mercy, but they are at no obligation to do so. Looks like someone here is going to be out money and you can't blame them for not wanting to be that party.

 

[south]

I appreciate your control I figured you would have released the hounds on me by now.

You want to know my comment on Military clause well here it is:

MILITARY CLAUSES FOR LEASES :

Every military tenant should insist that a "military clause" be included in their lease. The clause generally states that, subject to the terms of the clause, the tenant can terminate the lease prematurely without penalty for reasons connected to military service. THERE IS NO LAW THAT REQUIRES A LANDLORD TO ACCEPT SUCH A CLAUSE! Only in the case of a person who signed a lease BEFORE joining the Armed Forces, does the Soldiers & Sailors Civil Relief Act require early termination of the lease if desired.

Wonderful, and your comments on the military clause required by law in all leases would be what, exactly?

 

[ChiliPalmer]

No worries, I'd much rather be spending my Saturday in amusing frivolity rather than digging through state statutes.

Okay, I found this and thought it might help. Welcome to CopyAndPasteville, population= you.

83.682 Termination of rental agreement by a servicemember.--

(1) Any servicemember may terminate his or her rental agreement by providing the landlord with a written notice of termination to be effective on the date stated in the notice that is at least 30 days after the landlord's receipt of the notice if any of the following criteria are met:

(a) The servicemember is required, pursuant to a permanent change of station orders, to move 35 miles or more from the location of the rental premises;

4) Upon termination of a rental agreement under this section, the tenant is liable for the rent due under the rental agreement prorated to the effective date of the termination payable at such time as would have otherwise been required by the terms of the rental agreement. The tenant is not liable for any other rent or damages due to the early termination of the tenancy as provided for in this section. Notwithstanding any provision of this section to the contrary, if a tenant terminates the rental agreement pursuant to this section 14 or more days prior to occupancy, no damages or penalties of any kind will be assessable.

(5) The provisions of this section may not be waived or modified by the agreement of the parties under any circumstances.


My understanding is that we'll turn in the 30 day written notice on Monday and then will be released as of July 12th. So we just pay for the month of July then, and it's settled?

 

[BL]

Only in the case of a person who signed a lease BEFORE joining the Armed Forces, does the Soldiers & Sailors Civil Relief Act require early termination of the lease if desired.

Alright , I have seen this come up here on the forums a Few times , but wasn't exactly sure what military personnel's rights were . That's why I suggested speaking with them .

 

[txlandlady]

to the OP

I didn't read the links you posted about whatever other problems you've had with your rental company. Is there anyone who works for the rental company that you have a civilized relationship with? If so, I'd contact that person, explain the situation, and tell them you're willing to pay for them to advertise the unit and that you'll keep it spotlessly clean so they can show it and try to get it re-rented ASAP to minimize open days. That's usually the type of agreement I try to work out with tenants if they need to break their lease early.

Keep a record of all attempts you make to work this out with them. Be willing to offer something to them. Don't just expect them to be the only ones giving. If all else fails, I'd give them written notice (at least 30 days - even if you have to continue paying rent for days that you're not living there.) Then move out at the appointed time. Leave the place perfectly clean and maintained - even nicer than you found it would be good in this case. Take lots of pictures and have an impartial witness if possible. Then leave and hope for the best.

If you leave the place in a way that they can immediately move someone else in and they're out little if any $$ my guess is they'll decide you're not worth the effort. However if this costs them time, money and open days they're likely (and legally entitled) to come after you. Does this complex have vacancy? I'm wondering if they have people lined up wanting to live there? If so, they'll probably be just as glad to see you go since it's been a strained relationship from the beginning.

My 2 cents..................
Karla in Amarillo

 

[south]

Ok if its a copy and paste war you want you got it.

The wording is a matter of negotiation between you and the landlord.

There is no law that requires a landlord to accept such a clause, how ever if both parties agree it can be put in writing such as your post below, what you have copied and pasted is a sample of what can be written into a lease or an example of a lease with a military clause agreement in it.

The Soldiers and Sailors Relief Act also does not relieve a service member from liability. The service member should ensure that a "Military Clause" is added to the rental contract, a landlord does not have to accept such a clause.

You should have added one to your lease in the first place you did not...

On that note I am off to Jamba Juice

No worries, I'd much rather be spending my Saturday in amusing frivolity rather than digging through state statutes.

Okay, I found this and thought it might help. Welcome to CopyAndPasteville, population= you.

83.682 Termination of rental agreement by a servicemember.--

(1) Any servicemember may terminate his or her rental agreement by providing the landlord with a written notice of termination to be effective on the date stated in the notice that is at least 30 days after the landlord's receipt of the notice if any of the following criteria are met:

(a) The servicemember is required, pursuant to a permanent change of station orders, to move 35 miles or more from the location of the rental premises;

4) Upon termination of a rental agreement under this section, the tenant is liable for the rent due under the rental agreement prorated to the effective date of the termination payable at such time as would have otherwise been required by the terms of the rental agreement. The tenant is not liable for any other rent or damages due to the early termination of the tenancy as provided for in this section. Notwithstanding any provision of this section to the contrary, if a tenant terminates the rental agreement pursuant to this section 14 or more days prior to occupancy, no damages or penalties of any kind will be assessable.

(5) The provisions of this section may not be waived or modified by the agreement of the parties under any circumstances.


My understanding is that we'll turn in the 30 day written notice on Monday and then will be released as of July 12th. So we just pay for the month of July then, and it's settled?