FL Military Clause or Lease? (Brandon: apartment, rental, house)

[ArmyWife98]

Hello, Let me first state that we are seeking the advice of our JAG office. I am simply impatient and wondering if someone might know.

In a desperate moment we signed a lease in an area we thought we could easily afford. We are sensible and did the math and thought we researched it very well. Long story short, we're a lower enlisted family with 4 children and we are having to decide between gas to get to the base, rent, or food. A house on base will be ready for us soon, my husband also has orders to deploy.

SSCRA states that with orders of 90 days or greater we can break the lease. My lease says NOTHING about deployment orders so I am assuming SSCRA will get me out of it in those circumstances. I have used SSCRA before during a deployment to end a lease early and move on post when quarters became available, it was in another state though.

Our lease also states that "accepting military quarters does not terminate lease." We understand that, we have also understood that the FL military clause states that availability of military quarters DOES provide us with just reason for early termination of lease without penalty.

In a case of state law differing from a lease, which wins?

We are not trying to "screw" anyone or be dishonest, we just feel a bit desperate to take care of our family.

[mquintana]

We had a situation where a miltary resident wanted to move back on base...we had to let them out of their rental agreement per the Fl. Statute. I listed it below for you...

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.

I hope this helps!
(I am an assistant property manager for an apartment community in Brandon)

[ArmyWife98]

Thank you so much. Someone at the housing office on base just sent me that yesterday. Hopefully I understand correctly and this law over rides anything in our lease agreement.

[mquintana]

Are you going through the set-aside program BKA the RPP (Rental Partnership Program). They will defiantly have a lot of say over things, but trust me, if you are moving on base or getting deployed, you have to be let out with a 30 day notice and no obligations after that. It's the law. If they don't-you can sue them. Oh, and FYI, if they try to charge you and not let you out of your lease, be sure to quote the Fl. statue to them where it's stated.

Originally Posted by ArmyWife98

Thank you so much. Someone at the housing office on base just sent me that yesterday. Hopefully I understand correctly and this law over rides anything in our lease agreement.

[BucFan]

Reps to you mquintana for helping a soldier's family out -

[mquintana]

Why thank you...anything to help!

Originally Posted by BucFan

Reps to you mquintana for helping a soldier's family out -

[Keeper]

Originally Posted by BucFan

Reps to you mquintana for helping a soldier's family out -

I agree be sure you rep any member who gives good info.

[mquintana]

Thank you!

Originally Posted by Keeper

I agree be sure you rep any member who gives good info.

[carl31185]

i have a question mquintana. im pcs to hawaii report date on 10 of feb. but i just recieve my orders on the 19 of jan i just told the landlord and show my orders today. 21 of jan. that im moving to hawaii. wat if i didnt have that 30 days notice and im moving out the 29 of jan and there trying to charge us for febraury rent. is that possible. is there anyway i can fight that under military clause. i have my orders that stating im leaving. and military doesnt really give u a lot of time notice. they just give u the orders and go. is that possible for the landlord to charge me for the whole month rent of feb. even do were out by the end of january. is there anyway i can win this situation.

[craigm1841]

Originally Posted by carl31185

i have a question mquintana. im pcs to hawaii report date on 10 of feb. but i just recieve my orders on the 19 of jan i just told the landlord and show my orders today. 21 of jan. that im moving to hawaii. wat if i didnt have that 30 days notice and im moving out the 29 of jan and there trying to charge us for febraury rent. is that possible. is there anyway i can fight that under military clause. i have my orders that stating im leaving. and military doesnt really give u a lot of time notice. they just give u the orders and go. is that possible for the landlord to charge me for the whole month rent of feb. even do were out by the end of january. is there anyway i can win this situation.

If you write a letter if intent to vacate and turn it in tomorrow (the 21st), you will be unfortunately be responsible for paying rent through the 20th of FEB in accordance with the bolded exerpt from the statute below:


(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;

It is rediculous that your unit only gave you 20 or so days notice. I spent 7 years in the Army and have never heard of that. You personnel clerk screwed you by sitting on your orders. (I have typically seen PCS orders cut anywhere from 3 months to 10 months in advance) I would suggest finding out why it took so long to get your orders. While I don't think you are in a position to be financially compensated for your loss, You can help ensure this doesn't happen to another Service Member in your unit.

Start by seeking guidence from the first person in your NCO support channel.

Unfortunately the military and the surrounding community don't always work perfectly together. While US Military OPTEMPO can dictate rather quick moves and swift changes, The civilian business/management company you leased with is just that, a business. Personally, being a veteran, I would make an exception if I ran that office, but that is just me. Not everyone understands the hardships Service Members endure.

Good luck on your PCS to Hawaii.