Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
I am having some issues with my military tenants. Here is the lowdown on everything that has happened.
Rent is due on July 1st. On the 5th I sent her a text asking what was going on with the payment. She responds the next day saying she. Would have it to me asap. I asked when. She responded that she didn't know and that she was giving notice that she was moving out on Aug 15th. I then informed her that she would need to still pay for the remaining months of rent left on the lease. She said she had orders. I replied great I need you to send me a copy and provided my address.
A couple days pass and I send her another message giving her 48 hours notice that I will be coming in with a realtor to see if we could sell the house. She informed me that she was out of town until the 15th and I would have to wait till then. I informed her that as long as I gave her proper notice I could come in. That we would be in and out. She then said if anything is miss I ng she would call the police and tell them I was there and took it. I had asked if there is anyone in town that she felt comfortable with meeting us at the house. The answer was no. After we were done at the house I thanked for for understanding.
Jump forward to today, the 15th. Still no rent, no information on when we would be receiving it so I posted a 3 days to pay or vacate. One of the neighbors that was collecting the mail informed her about the notice. She called and left a message basically saying I'm still in California and can't pay rent in 3 days. And she won't be moving out.
I wrote her a text: you told me that you were going to be home on the 15th that's why I posted the notice today. Rent is due on the 1st of the month. I have given you my address you can send a check.
Her: don't worry. I will pay rent. You already have my notice will not be out in 3 days. I will be out by the 1st.
(She has now changed the move out date to 15 days sooner.)
She sends me a screen shot on laws stating I can't evict her without a court order.
Me: what I posted was not an eviction notice. What I posted was a notice that states you have three days to pay rent or move out. If you don't do either by the 3rd day and then at that point I will start the eviction process. If rent was paid we wouldn't be having this issue.
Her: I spoke to my lawyer and he told me not to speak to you about this matter due to me being on active duty during the time that rent was due.
I then asked again when will you pay rent? Bills are bills and need to be paid. I will be contacting your co in the morning.
I've been sent her screenshot of the military law stating that the requirements to break your lease which require at lease with orders.
I'm a little lost where to go from here. I will be contacting her co in the morning. Does anyone else have anyone my other suggestions?
I am having some issues with my military tenants. Here is the lowdown on everything that has happened.
Rent is due on July 1st. On the 5th I sent her a text asking what was going on with the payment. She responds the next day saying she. Would have it to me asap. I asked when. She responded that she didn't know and that she was giving notice that she was moving out on Aug 15th. I then informed her that she would need to still pay for the remaining months of rent left on the lease. She said she had orders. I replied great I need you to send me a copy and provided my address.
A couple days pass and I send her another message giving her 48 hours notice that I will be coming in with a realtor to see if we could sell the house. She informed me that she was out of town until the 15th and I would have to wait till then. I informed her that as long as I gave her proper notice I could come in. That we would be in and out. She then said if anything is miss I ng she would call the police and tell them I was there and took it. I had asked if there is anyone in town that she felt comfortable with meeting us at the house. The answer was no. After we were done at the house I thanked for for understanding.
Jump forward to today, the 15th. Still no rent, no information on when we would be receiving it so I posted a 3 days to pay or vacate. One of the neighbors that was collecting the mail informed her about the notice. She called and left a message basically saying I'm still in California and can't pay rent in 3 days. And she won't be moving out.
I wrote her a text: you told me that you were going to be home on the 15th that's why I posted the notice today. Rent is due on the 1st of the month. I have given you my address you can send a check.
Her: don't worry. I will pay rent. You already have my notice will not be out in 3 days. I will be out by the 1st.
(She has now changed the move out date to 15 days sooner.)
She sends me a screen shot on laws stating I can't evict her without a court order.
Me: what I posted was not an eviction notice. What I posted was a notice that states you have three days to pay rent or move out. If you don't do either by the 3rd day and then at that point I will start the eviction process. If rent was paid we wouldn't be having this issue.
Her: I spoke to my lawyer and he told me not to speak to you about this matter due to me being on active duty during the time that rent was due.
I then asked again when will you pay rent? Bills are bills and need to be paid. I will be contacting your co in the morning.
I've been sent her screenshot of the military law stating that the requirements to break your lease which require at lease with orders.
I'm a little lost where to go from here. I will be contacting her co in the morning. Does anyone else have anyone my other suggestions?
She "has" the money for rent, the military pays her a Basic Allowance for Housing, she just decided to spend it elsewhere. I'd continue with what your doing, and contact a lawyer to make sure you're doing the right things.
As for contacting her CO, I don't think that's a good route to go. If she worked for a bank and was delinquent with her rent you wouldn't call her job to tell them.
The only exception being if she's still saying she's breaking the lease because of orders and you want to verify, (wasn't sure if she's still moving out) I'd start with asking for documents, orders etc.. And giving her a deadline before you'd contact her CO.
She said she would get the orders to me but hasn't yet. She originally said that her move out date was going to be August 15th but has changed it to August 1st. I'm assuming she's done this because she is upset. I also don't agree that I should not call her commanding officer. Being part of the military one of the pros of renting to a military personnel is being able to contact their CO and get rent if they do not pay.
I would contact her commanding officer. That's what the landlords around here (Air Force town in NC) do if tenants don't pay, break the rules, are messy, etc.
And yes, that is one of the benefits of renting in a military town. The landlords here all prefer military tenants and pretty much outright say so. The only catch is that you have to let them break their lease if they get orders, but most don't mind because there are usually plenty of others who are getting shipped in or are moving off base and looking for housing.
They have to give you a copy of the orders when they get it and it is to accompany their request to break a lease. The orders are the only thing that allows them to break a lease early and until you are provided with a copy she is still stuck in the lease terms. You are looking for the Servicemenbers' Civil Relief Act.
My leases have this included because we have an Air Force base here and sometimes get military tenants so I just added it in. The wording is very similar to the actual law as far as the termination period is. I would read the whole section, below I listed just a small part of it.
Quote:
Servicemembers’ Civil Relief Act: If Tenant enters into a military service or is a military service member and receives military orders for a change of permanent station or to deploy with a military unit or as an individual in support of a military operation for a period of 90 days or more, Tenant may terminate this Lease Agreement by delivering written notice and a copy of Tenant’s official military orders to Landlord. In such a case, this Lease Agreement shall terminate 30 days after the next monthly rental payment is due. Military permission for base housing does not constitute a change of permanent station order.
Quote:
§ 535. Termination of residential or motor vehicle leases
(c) Manner of termination.
(1) In general. Termination of a lease under subsection (a) is made
(A) by delivery by the lessee of written notice of such termination, and a copy of the servicemember's military orders, to the lessor (or the lessor's grantee), or to the lessor's agent (or the agent's grantee)
(d) Effective date of lease termination.
(1) Leases of premises. In the case of a lease described in subsection (b)(1) that provides for monthly payment of rent, termination of the lease under subsection (a) is effective 30 days after the first date on which the next rental payment is due and payable after the date on which the notice under subsection (c) is delivered. In the case of any other lease described in subsection (b)(1), termination of the lease under subsection (a) is effective on the last day of the month following the month in which the notice is delivered.
Last edited by AZ Manager; 07-16-2015 at 05:03 AM..
Call her CO and do it soon. Also, even if she was not moving until 15 August, she would have PCS orders right now. Nothing she has told you makes sense as far as how the military operates. Call her CO and cut out the middle man.
I get a call from the First Sergeant: "Senior Master Sergeant Kirk, Sergeant Jones works for you. I have a letter from her landlord stating that she hasn't paid her rent. You need to get that worked out before I send this to the commander for disciplinary action."
That's how that works on the military side. So, yeah, contact her unit. If she hasn't left the area yet, they will even go so far as to "freeze" her--redline her orders so she doesn't go anywhere. If she has left, they'll follow her.
Nothing too add but curious how this will play out so update us please.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
