Fl Military Clause (lease, tenant, rental, security deposit)

[ANGWIFE86]

We currently live in FL and my husband is AL National Guard, he has temp tech orders starting on 10/18 in AL. The way mys husband describes the orders is, they are not necessary active duty - which is AGR. They are temp tech, which means he is a federal employee required to wear bdu's and be a member of the Air National Guard in order to hold the position. Does anyone know if that would still be considered temporary orders under the FL military lease clause to break our lease? I'm thinking no, but am not 100% sure since it is still NG orders.

If so - below is how our lease states the military clause - what in the world does this mean?

After your move out, we'll return your security deposit, less lawful
deductions. If you or any co-resident is a dependant of a servicemember
covered by the U.S. Servicemembers Civil Relief Act, this Lease Contract
may not be terminated under this paragraph without applying to a court
and showing that your ability to comply with the Lease Contract is
materially affected by reason of the servicemember's military service.
Upon termination of the lease under this paragraph, the tenant is liable
for prorated rent due through the effective date of the termination payable
at such time as would have otherwise been required by the terms of the
lease. The tenant is not liable for any other rent or damages due to the
early termination of the tenancy as provided for in this paragraph.

Any help in understanding this would be greatly appreciated.

[oregonwoodsmoke]

I'd be wondering why. The whole family is going to be moving to Alabama for temporary orders? That doesn't make a lot of sense.

Don't temporary orders involve a housing and meals allowance and the military member maintains his current housing and moves back into it after the temporary orders are up?

[ANGWIFE86]

I am honestly not worried if the landlord has that question - his orders are for 120 days with the likelihood of being extended - SCRA requires 90 days & FL requires 60 days for temp orders. So the duration is considered long enough for a family move.

But to answer your questions, it is just easier for us both to move now since this will probably turn into a longer term assignment. And no to housing allowance - because they are federal and not AGR; so we will not be paying two rents if we do not have too.

If we do not qualify for SCRA because of the type of NG orders, we would just break the lease and pay the fee per our lease. But would also prefer not to do that, if we do not have to. I was more looking for direction regarding whether or not we even qualify for SCRA with these types of orders and what that stated lease provision means.

[AZ Manager]

Follow the SCRA. Remember that rent is due for the term of 30 days after the new term begins. That means if you give notice today, complete notice including the orders, you owe for rent beginning on the 1st of next month and going for the full 30 days (November is a 30 day month so you would owe the entire month).

The part in your lease you quoted is about leases that dependants of servicemembers are in, mostly targeted at elderly dependants. So if your husband is a named tenant on the lease you can ignore that completely.

[rezfreak]

SCRA only covers in event of active duty PCS or call to active duty.

edit to add, it looks like he /might/ be covered due to this: http://www.servicemembers-lawcenter....s/14082-LR.pdf

[Oldhag1]

Originally Posted by ANGWIFE86

I am honestly not worried if the landlord has that question - his orders are for 120 days with the likelihood of being extended - SCRA requires 90 days & FL requires 60 days for temp orders. So the duration is considered long enough for a family move.

But to answer your questions, it is just easier for us both to move now since this will probably turn into a longer term assignment. And no to housing allowance - because they are federal and not AGR; so we will not be paying two rents if we do not have too.

If we do not qualify for SCRA because of the type of NG orders, we would just break the lease and pay the fee per our lease. But would also prefer not to do that, if we do not have to. I was more looking for direction regarding whether or not we even qualify for SCRA with these types of orders and what that stated lease provision means.

The time period is an issue: according to the information put out by housing in order to qualify for release from a lease using SCRA as a basis your husband must have permanent change of station orders or deployment orders for a period of more than 180 days also. If your husband is under TDY orders, and it sounds like he is, that does not count.

[ANGWIFE86]

Oldhag1 - I am not sure how to reply to specifically you so just in case - FL statue does apply to 60 days for temp orders. But i am thinking we may not qualify period because it may not be considered active duty


The 2016 Florida Statutes


Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 83
LANDLORD AND TENANT
View Entire Chapter
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;
(b) The servicemember is prematurely or involuntarily discharged or released from active duty or state active duty;
(c) The servicemember is released from active duty or state active duty after having leased the rental premises while on active duty or state active duty status and the rental premises is 35 miles or more from the servicemember’s home of record prior to entering active duty or state active duty;
(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;
(e) The servicemember receives temporary duty orders, temporary change of station orders, or state active duty orders to an area 35 miles or more from the location of the rental premises, provided such orders are for a period exceeding 60 days; or
(f) The servicemember has leased the property, but prior to taking possession of the rental premises, receives a change of orders to an area that is 35 miles or more from the location of the rental premises.
(2) The notice to the landlord must be accompanied by either a copy of the official military orders or a written verification signed by the servicemember’s commanding officer.
(3) In the event a servicemember dies during active duty, an adult member of his or her immediate family may terminate the servicemember’s 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. The notice to the landlord must be accompanied by either a copy of the official military orders showing the servicemember was on active duty or a written verification signed by the servicemember’s commanding officer and a copy of the servicemember’s death certificate.
(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.
History.—s. 6, ch. 2001-179; s. 1, ch. 2002-4; s. 1, ch. 2003-30; s. 5, ch. 2003-72.

[ANGWIFE86]

AZ Manager -

Thank you for clarify that part of the lease.

[Rabrrita]

Here is where Florida explains everything:
MILITARY AFFAIRS AND RELATED MATTERS - Definitions

[AZ Manager]

Originally Posted by Oldhag1

The time period is an issue: according to the information put out by housing in order to qualify for release from a lease using SCRA as a basis your husband must have permanent change of station orders or deployment orders for a period of more than 180 days also. If your husband is under TDY orders, and it sounds like he is, that does not count.

(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 or as an individual in support of a military operation for a period of not less than 90 days.

https://www.justice.gov/sites/defaul...3/scratext.pdf

(c) Manner of termination.
(1) In general. Termination of a lease under subsection (a) is made — 21
(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);

(2) Delivery of notice. Delivery of notice under paragraph (1)(A) may be accomplished —
(A) by hand delivery;
(B) by private business carrier; or
(C) by placing the written notice in an envelope with sufficient postage and with return receipt requested, and addressed as designated by the lessor (or the lessor's grantee) or to the lessor's agent (or the agent's grantee), and depositing the written notice in the United States mails.