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Situation: Daughter is at college in San Diego - we rented an apartment last February and I pay $500. per month of her rent. I prepaid through August of 2014. My daughter is going into the Army January 20th - we have provided the military paperwork and the lease will be up so there is no issue with that. The manager says she will not refund me the prepaid rent from February - August until my daughter has been vacated from the apartment for 30 days - I already paid the security deposit at the time of the lease so this is purely voluntary rent I prepaid for convenience to everyone. I am thinking she can't with hold this money - looking for someone who may know the answer
Is the lease up in August or in February? I am confused, but I'm guessing it ends in August, 2014. Why do you think she is obligated to pay you back? You or your daughter has a lease that says you will pay through August. Is there some missing information here that allows you to not pay for the remaining months of the lease even if no one lives there?
Situation: Daughter is at college in San Diego - we rented an apartment last February
and I pay $500. per month of her rent. I prepaid through August of 2014.
My daughter is going into the Army January 20th
Good for her. Thanks for the service. The rent is still owed.
The benefit for Military leaving rentals is only for active duty being transferred.
People who were in the service when they got the rental. Not new recruits.
Quote:
The manager says she will not refund me the prepaid rent from February - August
until my daughter has been vacated from the apartment for 30 days...
...and someone else has moved in and started paying rent instead of daughter/you (I hope).
The lease is up February 1st and regardless the lease would be ended due to military service deployment. The lease is not the issue - we would have renewed for a 6 month term following the February 1st expiration of the lease for school but she has joined the Army and will not be continuing college . The rent that is prepaid took her through the school year and summer school which was the original plan - so this is not an issue about when the lease terminates
The landlord is a bit confused. Under CA law, the landlord has 30 days to refund money to the responsible party when the Military Exemption is used to terminate a lease early. However, since the lease only goes to February, you can request a refund of any excess payments beyond lease term at anytime. Send a Demand Letter by certified mail demanding a refund of excess rent beyond the legal term of the lease.
...the lease would be ended due to military service deployment.
Quote:
Originally Posted by Rabrrita
...when the Military Exemption is used
Do either of you see anything from the OP that indicates daughter is being "deployed". I don't.
All I've seen is a girl who changed her mind after 2 months of college and bailed on it.
This is a college town rental from fall term to the next fall term.
If the LL is unable to find some other college kid to take Private Benjamin's place...
the responsibility remains with her (and of course Dad).
It *appears* that the LL may be able to do that but is holding onto the SD until then.
The SD money getting refunded (after all the dust settles) is the least of this.
Do either of you see anything from the OP that indicates daughter is being "deployed". I don't.
Deployment is not the only requirement under CA specific law. A person who enlist in the service even after signing a lease, is entitled to the same protection under CA state specific law. However, under CA law, monies paid as deposits or advance rent payments can only legally be held upto the end of term of a signed lease. Although a landlord may have accepted and approved the tenancy based on that advanced payment that will cover the school term, the LEASE governs CA deposit and/or advance rent payments. Also, a lease signer does not have the right to waiver that provision under the law. The responsible party can demand the refund of all monies paid that cover anticipated rents post lease termination and the landlord must comply.
Servicemembers Civil Relief Act, 50 United States Code Appendix Sections 501-596 and Section 535. See California Practice Guide, Landlord-Tenant, Paragraphs 7:328-7:328.5 (Rutter Group 2011).
From the California Department of Consumer Affairs:
Special Rules for Tenants in the Military:A servicemember may terminate (end) a lease any time after entering the military or after the date of the member's military orders. This right applies to a tenant who joins the military after signing a lease, and to a servicemember who signs a lease and then receives orders for a change of permanent station or deployment for at least 90 days.
The servicemember must give the landlord or the landlord's agent written notice of termination and a copy of the orders. The servicemember may personally deliver the notice to the landlord or agent, send the notice by private delivery service (such as FedEx or UPS), or send it by certified mail with return receipt requested. Proper termination relieves a servicemember's dependent, such as a spouse or child, of any obligation under the lease.
When rent is paid monthly, termination takes effect 30 days after the next rent due date that follows delivery of the notice. Rent must be paid on a prorated basis up to the date that the termination takes effect. If rent or lease amounts have been paid in advance for the period following the effective date of termination, the landlord must refund these amounts within 30 days after the effective date. 275
Example: The servicemember pays $600 rent on the tenth of each month under the terms of his lease. The servicemember pays the rent on June 10, and then personally gives the landlord proper notice of termination on June 15. The date that termination takes effect is August 9 (30 days after the July 10 rent due date). The servicemember must pay $600 rent on July 10 for the period from July 10 through August 9. By September 8, the landlord must return any rent paid in advance for the period after the effective date of termination. The landlord also must return any "lease amounts paid in advance" (such as the unused portion of the servicemember's security deposit) by September 8.
As always... not everyone follows the law... or at least follows it willingly and this is why we have courts...
At one time, military offered assistance in these exact circumstances... at least I know several that were helped San Diego.
Just a letter on official stationery was enough of an incentive.
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