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Old 01-21-2010, 03:15 AM
 
27,212 posts, read 46,720,608 times
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You can state anything in a lease but FL. law will override everything if it is against the law.

You on the other hand need to have proof that you need to move due to your military status and not because you are requesting it due to not being able to afford the bills...

The law is strict for both sides. A LL can go to court if the tenant isn't providing official papers from the military and just wants t use it as an escape to get out of a lease, which has been happening in some cases which is sad, because people should be honest so never ever another has to doubt the honesty of any military person.

Thanks for your service to this country!
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Old 01-21-2010, 07:08 PM
 
2 posts, read 15,655 times
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i appreciate it the help. so basically im screwed. this my first time pcs to another place and didnt know wats the risk of moving specialy renting or lease. specialy getting my orders. and you are right about business is business becuase the landlord is gold digger they dont care about the soldier that live on there complex. and 75% that live in our complex is military. well thankyou again
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Old 01-21-2010, 08:20 PM
 
3 posts, read 35,535 times
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If you just received your orders, and do not have 30-days notice, you can request a delay. In 15+ years we have never had orders come up that quickly. Talk to your first line leader, perhaps something can be done. I don't think the landlord is gold digging. A 30-day notice is a very legitimate request. If you had no idea you had orders until just now, your command should assist you in asking for an extension if circumstance permits. Now if you have known for a while and waited until now to handle this, that is a very different story.

This is a PCS, not TDY, correct? Are you Army? If so, branch can help with these things. We had to request an extension for a PCS once, and it was branch that took care of it.

If you were deploying, the Soldier's and Sailor's Civil Releif Act can help you; however, that too requires that you give a 30-day notice.

I would encourage you to talk to your first line leader. It sounds like you're not being taken care of by your NCOs and not armed with enough information prior to PCSing.
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Old 01-22-2010, 12:34 AM
 
Location: Tampa
1,317 posts, read 2,307,566 times
Reputation: 508
Quote:
Originally Posted by ArmyWife98 View Post
If you just received your orders, and do not have 30-days notice, you can request a delay. In 15+ years we have never had orders come up that quickly. Talk to your first line leader, perhaps something can be done. I don't think the landlord is gold digging. A 30-day notice is a very legitimate request. If you had no idea you had orders until just now, your command should assist you in asking for an extension if circumstance permits. Now if you have known for a while and waited until now to handle this, that is a very different story.

This is a PCS, not TDY, correct? Are you Army? If so, branch can help with these things. We had to request an extension for a PCS once, and it was branch that took care of it.

If you were deploying, the Soldier's and Sailor's Civil Releif Act can help you; however, that too requires that you give a 30-day notice.

I would encourage you to talk to your first line leader. It sounds like you're not being taken care of by your NCOs and not armed with enough information prior to PCSing.

Additionally you want to keep in mind, it is likely that you will recieve 14 days permissive TDY when PCSing to a new duty station. during that time you should be receiving BAH as well. This should help to cover some of the cost of maintaining an apartment for an extra 20 days. I would reccomend doing research here and make your apartment hunt in hawaii as quick as possible. the faster you are out of a hotel and in an apartment, the more permissive TDY money that will end up in your pocket when you file your travel voucher.

Again, I dont understand why you got such short notice on your orders. How can they expect you to arrange for shipment of household goods and a vehicle for an oconus move?

EDIT: if you are Army and MacDill AFB is your first assignment and you are in your first enlistment, you can turn down your orders if you don't want to go to hawaii without signing a declination of service. that is a subject for a whole different topic, we have already thread jacked the OPs topic, besides, it would really have to be taken up with your units retention NCO.
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Old 03-10-2010, 12:05 PM
 
1 posts, read 3,086 times
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Does anyone have a good By Owner rental agreement template for renting properties in the Tampa area that has the military clause in it?
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Old 03-10-2010, 12:24 PM
 
Location: Hernando County, FL
8,489 posts, read 20,631,470 times
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Quote:
Originally Posted by ajjorgens View Post
Does anyone have a good By Owner rental agreement template for renting properties in the Tampa area that has the military clause in it?
Staples or Office Depot should have or there are many you can purchase online.
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Old 12-25-2010, 11:57 AM
 
1 posts, read 2,681 times
Reputation: 10
alright my wife and i are both in the coast guard she is in portland OR, her roommate is being discharged from the coast guard and both of there names are on the lease the landlord is saying that sense her roommate is the only one with new orders that she will not be relesed from the lease,or she can pay a $2000 penilty .this does not seem legel i would really need some information if anyone can help.
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Old 12-26-2010, 10:01 AM
 
28 posts, read 66,129 times
Reputation: 15
Quote:
Originally Posted by carl31185 View Post
i appreciate it the help. so basically im screwed. this my first time pcs to another place and didnt know wats the risk of moving specialy renting or lease. specialy getting my orders. and you are right about business is business becuase the landlord is gold digger they dont care about the soldier that live on there complex. and 75% that live in our complex is military. well thankyou again
I am an Army wife moving from Hawaii to Macdill, you will be compensated well for your move here, as well as receiving cola (cost of living allowance) monthly. Also perdiem/TLA is pretty good here too. I think the soldier/sailor act takes care of all rental agreements in the event of a PCS. We just went through an ordeal with private school reimbursement, we had paid our daughters tuition in full and came up on orders to move in Jan. The school refused to refund due to us not having tuition insurance, which was never offered to us for a full tuition payment. However we spoke with JAG and we were able to receive a refund.(then branch changed our pcs date to July 2011) When it comes to money, landlords and other businesses will try to intimidate you, but you are covered, as long as you did just receive orders. If you have had them awhile and did not give notice, then you are held responsible. Good luck on your move to HAWAII.
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Old 12-27-2010, 08:38 AM
 
13,768 posts, read 38,181,103 times
Reputation: 10689
Quote:
Originally Posted by scubadude1024 View Post
alright my wife and i are both in the coast guard she is in portland OR, her roommate is being discharged from the coast guard and both of there names are on the lease the landlord is saying that sense her roommate is the only one with new orders that she will not be relesed from the lease,or she can pay a $2000 penilty .this does not seem legel i would really need some information if anyone can help.
You might want to ask on the Oregon forum although the law pertains to all military. You should probably contact JAG but here is a link to more info

United States Code: Title 50a,535. Termination of residential or motor vehicle leases | LII / Legal Information Institute
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Old 02-04-2011, 09:22 AM
 
1 posts, read 2,573 times
Reputation: 10
I have a question. My husband is active duty in the military and we currently live off-base. There is vacancy in military housing. Our lease does have a military clause. However, my husband will be stationed here in Florida for the time being. This section of our lease "(d) After entering into a rental agreement, the servicemember receives military orders requiring him or her to move into government quarters or the servicemember becomes eligible to live in and opts to move into government quarters;" give us reason to terminate our lease? Due to the fact we want to voluntarily move to government quarters? I know we have to give 30 days written notice, but is that it?

your reply is appreciated. Thank you.
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