 Joined Military (by Dave [NY]) Feb 15, 2018 11:40 AM
 Joined Military (by WMH [NC]) Feb 15, 2018 11:46 AM
Joined Military (by NC INVESTOR [NC]) Feb 15, 2018 3:48 PM
Joined Military (by MC [PA]) Feb 15, 2018 4:57 PM
Joined Military (by Landlord ofthe Flies [TX]) Feb 15, 2018 5:53 PM
Joined Military (by Vee [OH]) Feb 15, 2018 7:38 PM
Joined Military (by dave [NY]) Feb 16, 2018 5:46 AM
Joined Military (by S i d [MO]) Feb 16, 2018 8:23 AM
Joined Military (by Ray-N-Pa [PA]) Feb 18, 2018 6:56 PM
Joined Military (by Dave [NY]) Posted on: Feb 15, 2018 11:40 AM
Message:
State Specific Question About: NEW YORK (NY)
I have a tenant that is just joining the military (army) and is currently under a lease until July 31st is behind but county emergency is paying for this month. She is stating the military is asking for her to go under a month to month lease. Have any one here heard of this? or is it b.s.... Thanks
--66.251.xx.xxx |
Joined Military (by WMH [NC]) Posted on: Feb 15, 2018 11:46 AM
Message:
If she does join, and does get orders to move before July 31st, you have to let her go even if it's not specifically in her lease.
Search SCRA.
Real Property Leases
If you lease property which is occupied, or intended to be occupied, by a you or your dependents for a residential, professional, business, agricultural, or similar purpose if:
* you enter active duty during the lease period; or
* you execute a lease while in the military and then receive PCS orders or deploy for at least 90 days.
To terminate the lease, you must deliver written notice to the landlord at any time after call to active duty or receipt of orders, you cannot just give them oral notification. The effective date of termination is determined as follows:
* For month to month rentals, the termination is effective 30 days after the first date on which the next rental payment is due after the landlord is notified. For example, if the rent is due on the first day of each month, and the landlord is notified on August 1, then the next rental payment is due and payable on September 1.
Thirty days after that date would be October 1, the effective date of termination.
* For all other leases, termination becomes effective on the last day of the month following the month the landlord is notified. For example, if the lease requires a yearly rental and proper notice of termination is given on July 20, the effective date of termination would be August 31.
You are required to pay rent for only those months before the lease is terminated. If rent has been paid in advance, the landlord must prorate and refund the unearned portion. If a security deposit was required, it must be returned to you when the lease is terminated. [WMH Note: unless withheld for actual damages, not for not fulfilling lease terms.] --50.82.xxx.xx |
Joined Military (by NC INVESTOR [NC]) Posted on: Feb 15, 2018 3:48 PM
Message:
In NC there are variations from Federal SCRA:
FEDERAL:
Termination of a Lease SCRA NCGS § 42-45
(1) Entry into lease before active service;
(2) Permanent change of station received while on active
duty;
(3) Deployment in excess of 90 days while on active duty.
Termination effective 30 days after next monthly payment following notice to landlord.
NC STATE VERSION:
(1) PCS* to depart 50 miles or more from current dwelling;
(2) Premature or involuntary service separation;
(3) Deployment in excess of 90 days.
Termination effective 30 days after notice to landlord in (1) and (2); 30
or 45 days after notice in
(3), whichever is shorter.
*Permanent Change of Station --71.75.xx.xx |
Joined Military (by MC [PA]) Posted on: Feb 15, 2018 4:57 PM
Message:
See if she makes it through basic..
I would want to see documentation from the Army that she needs to go MTM. Military can get out of a lease IF they have orders that can be produced. --73.230.xx.xx |
Joined Military (by Landlord ofthe Flies [TX]) Posted on: Feb 15, 2018 5:53 PM
Message:
If I read correctly, you stated she's behind in rent? If so, offer her a MTM on the condition that she catch up on this lease and you'll waive all early termination fees.
Since she's already showing a pattern of falling behind, a MTM will actually benefit you since you can terminate the lease next time she falls behind. If she goes in military and gets shipped somewhere else, you'll have to cancel your lease anyway. Better to have her caught up. --108.69.xxx.xxx |
Joined Military (by Vee [OH]) Posted on: Feb 15, 2018 7:38 PM
Message:
Basically (sorry but no pun intended) is the scra will give orders and when that happens you must follow, kinda unlikely rigth now but may happen in 3 months - that gets you pretty close to the lease end and if they do leave the weather will be nice for moving and getting a replacement tenant anyway.... --76.188.xxx.xx |
Joined Military (by dave [NY]) Posted on: Feb 16, 2018 5:46 AM
Message:
Good to know and thanks I will ask her to get caught up first, never heard of SCRA glad to get experienced input. Thank you! --69.204.xx.xxx |
Joined Military (by S i d [MO]) Posted on: Feb 16, 2018 8:23 AM
Message:
Permanent Change of Station order must be for 90 days or more. BCT (Basic Combat Training), or "Basic training" as most call it only lasts for 10-11 weeks...so unless they are attaching AIT (Advanced Individual Training) onto those orders, I'd do not think you're obligated to terminate their lease.
Pertinent reference:
Benefit and Protection No. 5 – Residential (apartment) lease terminations – 50 U.S.C. § 3955.
Section 3955 of the SCRA, 50 U.S.C. § 3955, addresses the topic of lease terminations. With respect to residential apartment leases, the SCRA requires that the premises be occupied (or are intended to be occupied) by a servicemember or a servicemember’s dependent(s). 50 U.S.C. § 3955(b)(1). Additionally, the lease must either be executed by a person who later enters military service, or is in military service and later receives permanent change of station (“PCS”) orders or deployment orders for a period of at least 90 days. Id. at § 3955(a)(1). To terminate a residential lease, the servicemember must submit a written notice and a copy of his or her military orders – or a letter from a commanding officer – by certain methods to the landlord or landlord’s agent. Id. at § 3955(c) & (i)(1). If a servicemember pays rent on a monthly basis, once he or she gives proper notice and a copy of his or her military orders, then the lease will terminate 30 days after the next rent payment is due. 50 U.S.C. § 3955(d)(1). --173.17.xx.xx |
Joined Military (by Ray-N-Pa [PA]) Posted on: Feb 18, 2018 6:56 PM
Message:
The PCS orders have to have the service member moving at least 50 miles from the home of record or current duty station.
She could very well be just joining the Guard so a requesting a copy of the orders is in order. --24.101.xxx.xxx |
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