LLa - tell me how much trouble this will cause

[ChiliPalmer]

Oh, South, I'm losing faith in you. I weep for my lost innocence. <--- This is my weeping face.

There is no law that requires a landlord to accept such a clause...

Not even the law I just quoted? Or the fact that it is, you know, a law? I ought to be a landlord so I can read the law and throw it willy-nilly with a great shout of, "Whoopie, nothing applies to me!" It sounds brilliant.

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.

Yup, it is in our lease that military service personnel can break a lease without penalty if they give copies of permanent orders with 30 day written notice. I really should have put that in my OP, would have been ever so much more efficient. Note to self: no more assuming posters know everything and can read minds! Bad Chili!

So. Now that we've finally had a look at Florida law and my lease, does that sound properly figured out then? We'll turn in the notice and copy of orders first thing Monday, pay for July and call it good. Yes, no, maybe?

 

[Devedander]

Oh, South, I'm losing faith in you. I weep for my lost innocence. <--- This is my weeping face.


Not even the law I just quoted? Or the fact that it is, you know, a law? I ought to be a landlord so I can read the law and throw it willy-nilly with a great shout of, "Whoopie, nothing applies to me!" It sounds brilliant.



Yup, it is in our lease that military service personnel can break a lease without penalty if they give copies of permanent orders with 30 day written notice. I really should have put that in my OP, would have been ever so much more efficient. Note to self: no more assuming posters know everything and can read minds! Bad Chili!

So. Now that we've finally had a look at Florida law and my lease, does that sound properly figured out then? We'll turn in the notice and copy of orders first thing Monday, pay for July and call it good. Yes, no, maybe?

If the clause was in your lease from the start then I am not sure why this came up? You have a 30 day out. Serve notice, pay 30 days and be on your merry way, sounds like all is going to work out for you after all

 

[south]

You did not quote a law you quoted an exert sample out of a lease that had a military clause written into it.

The fact is: There is no law that requires a landlord to accept such a clause if there is QUOTE IT.

The military clause clearly states that landlords are not required to add it, it is purely an extra paragraph clause that can be added to an agreement if both parties agree, it is also advised (ADVISED not demanded) that if you are in the military you try and get the clause added.

You are confusing an extra clause with a right.

All a military clause is is a term of a residential lease that has been added if its not in the lease or it has not been added you are SOL.

Not even the law I just quoted? Or the fact that it is, you know, a law? I ought to be a landlord so I can read the law and throw it willy-nilly with a great shout of, "Whoopie, nothing applies to me!" It sounds brilliant.

 

[Devedander]

Where the f$#% do they come up with the numbering schemes for statues? Someone needs to clean those up...

Anywhoo

http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0083/ch0083.htm

It's a ways down, but as of 2004 it is listed as a state statute...

 

[south]

Good luck with that...........

Where the f$#% do they come up with the numbering schemes for statues? Someone needs to clean those up...

Anywhoo

http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0083/ch0083.htm

It's a ways down, but as of 2004 it is listed as a state statute...

 

[Devedander]

Am I going insane or did a post just dissapear?

 

[Who's Liable?]

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

South, you're wrong, it is a state statute and can/will be enforced...

Even if this clause was not added to the lease, it is still enforceable... Just because a clause is not included in a lease, do not mean it does not exist or is not enforceable...

The LL is SOL when it comes to military personnel, and they MUST follow the states LL/T laws, written or not...

The OP needs to follow what the Military Personnel clause states in informing the LL of his intents as outlined... The best thing to do is send everything CRRR... If the LL gets pissy, the OP needs to talk to the military personnel in rectifying the problem.

 

[south]

Ok its a Florida state statute not all states enforce this,

http://www.law.uh.edu/peopleslawyer/SSCRA.html

Under the SSCRA, a lease can only be terminated if entered into before one goes onto active duty. The SSCRA has no provisions for terminating leases entered into after entry on active duty.

now all the OP has to do is start churning out the official gov docs and letters from his commanding officer... I believe the OP in his original statement stated he was staying in town I did not see a clause stating he could get out of it if he was moving local, all the clauses talk of orders to move distances, moving into gov quarters, or being discharged..

South, you're wrong, it is a state statute and can/will be enforced...

Even if this clause was not added to the lease, it is still enforceable... Just because a clause is not included in a lease, do not mean it does not exist or is not enforceable...

The LL is SOL when it comes to military personnel, and they MUST follow the states LL/T laws, written or not...

The OP needs to follow what the Military Personnel clause states in informing the LL of his intents as outlined... The best thing to do is send everything CRRR... If the LL gets pissy, the OP needs to talk to the military personnel in rectifying the problem.

 

[queenofsand]

tip-toeing in...

SCRA replaced SSCRA in 2003. As a federal law, it eliminates the need for a state specific clause for military terminations. http://usmilitary.about.com/cs/sscra/a/scra1.htm

Here are the specifics for terminating leases: http://usmilitary.about.com/od/sscra/l/blscra305.htm

south says: "Under the SSCRA, a lease can only be terminated if entered into before one goes onto active duty. The SSCRA has no provisions for terminating leases entered into after entry on active duty."

This is no longer correct...active duty members and their dependents (activated reserve and guard) can terminate their leases with PSC or deployment orders.

 

[south]

Which do not apply to this guy that simply wants to move from one spot in town to another spot in town.

By all means OP run it up the pole see if it flys, approach your landlord with it anyway..


(queenofsand hmm sounds like the law has changed there are many contradictory links on the net for this subject which do not apply to all states please post the new emended law that applies to all states, if you know of a link to it, the 'About' link was too brief.)

This is no longer correct...active duty members and their dependents (activated reserve and guard) can terminate their leases with PSC or deployment orders.

 

[queenofsand]

It applies if the servicemember has permanent change of station (psc) orders to a base that's more than 35 miles away (this is FL specific, I believe) from the rental. I'm very familiar with military moves as my husband is active duty AF and I live very near a large military city--several AF bases and 1 Army post. It matters not the city limits...it's the orders/mileage.

In my first link, http://usmilitary.about.com/cs/sscra/a/scra1.htm it discusses the elimination of military clauses.

"(4) Extends the right to terminate real property leases to active duty soldiers moving pursuant to permanent change of station (PCS) orders or deployment orders of at least 90 days. This eliminates the need to request a military termination clause in leases." Again, since this is federal law, it applies in every state.


In Sec 101 Definitions: (6) STATE- The term `State' includes--

(A) a commonwealth, territory, or possession of the United States; and

(B) the District of Columbia.

Sec 102
"(a) JURISDICTION- This Act applies to--

(1) the United States;

(2) each of the States, including the political subdivisions thereof; and

(3) all territory subject to the jurisdiction of the United States."





http://usmilitary.about.com/od/sscra/l/blscra305.htm

"(a) TERMINATION BY LESSEE- The lessee on a lease described in subsection (b) may, at the lessee's option, terminate the lease at any time after--

(1) the lessee's entry into military service; or

(2) the date of the lessee's military orders described in paragraph (1)(B) or (2)(B) of subsection (b), as the case may be.

(b) COVERED LEASES- This section applies to the following leases:

(1) LEASES OF PREMISES- A lease of premises occupied, or intended to be occupied, by a servicemember or a servicemember's dependents for a residential, professional, business, agricultural, or similar purpose if--

(A) the lease is executed by or on behalf of a person who thereafter and during the term of the lease enters military service; or

(B) the servicemember, while in military service, executes the lease and thereafter receives military orders for a permanent change of station or to deploy with a military unit for a period of not less than 90 days.


The most "official" link I can find detailing SCRA is here: http://www.defenselink.mil/ra/mobil/pdf/scra.pdf

Good luck! It's a dot mil site...

 

[south]

The OP talks about staying in Town

It applies if the servicemember has permanent change of station (psc) orders to a base that's more than 35 miles away (this is FL specific, I believe) from the rental.

 

[Who's Liable?]

The OP talks about staying in Town

It does not matter where the base is located, same city/county/state as long as it is more than 35 miles away from the current rental address... It could be located 37 miles away and the OP could still use the clause to terminate his lease...

 

[Devedander]

As per OPs OP:

The base is a three-hour drive away from his current duty station, which necessitates a move.

No actual mileage is listed, but it is safe to assume that nowhere in the country do you drive for 3 hours and not go at least 35 miles.

 

[south]

You really need to read the OP's original post carefully before pumping that statement out.

He states

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

He does not say the distance of his current base to his home but he does say the new base is in the same city as his current base.

Then he states

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.

So they are staying in the same town canceling the lease has nothing to do with a new base miles a way the new base is in the same city as the last base and they are NOT intending on moving any further than the same city they are in right now.

The clauses are for those that have signed a lease and have new orders further than 35 miles and need to move to the new base location, not just to move up the road, they will be no closer than before, the new base is in same city as last one their new home will be in same city as their current one.

This is all about breaking a lease nothing else.

As per OPs OP:



No actual mileage is listed, but it is safe to assume that nowhere in the country do you drive for 3 hours and not go at least 35 miles.