Mil Clause (by Wix [TN]) Jun 13, 2018 6:49 AM|
Mil Clause (by S i d [MO]) Jun 13, 2018 7:44 AM
Mil Clause (by myob [GA]) Jun 13, 2018 8:30 AM
Mil Clause (by BRAD 20,000 [IN]) Jun 13, 2018 7:52 PM
Mil Clause (by Wix [TN]) Posted on: Jun 13, 2018 6:49 AM
I have a couple (boyfriend/girlfriend) that rented a house from us and 5 months later the mil member got orders and is requesting to break the lease or be removed from the lease (with a mil clause).
The girlfriend does not qualify for the house by herself and although she tried fo find a new room mate, with other issues we had in the first 5 months, we decided to just break the lease with them.
The issue now is that the girl does not want to move and we are unsure if the Mil member will be able to get her out before he departs. If the property is not returned to us, then we can still hold both parties liable (for rent and damages); however, we do want to work with the military member but are not sure how to do so. Do we start an eviction process but if so for what? As long as they (she) are paying and he is on the lease, she may be good legally.
I think this is more of an issue that the military member needs a letter clearing him from financial responsibility; however, we cannot provide that until he turns the property back over to us. Again, we would like to help but do not see a way to do so. Any suggestions? --68.63.xxx.xxx
Mil Clause (by S i d [MO]) Posted on: Jun 13, 2018 7:44 AM
I would explain to the military member that his girlfriend's obstinate is getting ready to cause him some big troubles if you have to evict and/or file for damages against him. The military are supposedly experts on "motivation"... so he needs to "motivate" her to move out pronto.
No, you cannot hold him liable for rents, but you can hold him liable for damages. --173.19.x.xxx
Mil Clause (by myob [GA]) Posted on: Jun 13, 2018 8:30 AM
Of course you will abide by the military clause-- the one that says you will surrender the property to me. And until you give me the keys and we do the walk through and you sign the surrender letter-- you'll be good. Damages include leaving me with your girlfriend.
I would also check his orders. I had 3 officers ( yea a big no no) who got orders. When i checked the orders it was for them to report to base housing 3 miles away-- that really TICKED ME OFF and I called the base commander on it. Told him officers are no longer welcome on our property and that he the commander was abusing the system for all. He would never allow an enlisted man to do this. --99.103.xxx.xxx
Mil Clause (by BRAD 20,000 [IN]) Posted on: Jun 13, 2018 7:52 PM
Have you read up on SCRA rules? I’m not an expert on this so I hooe others with more military experience will chime in.
First I need a copy of his orders. Minimum 90 days deployed.
He must provide written notice of intent to vacate.
He is still obligated for 30 day notice and rent for that period.
I feel she is not a dependant so I would evict. He needs to remind her that a sheriff eviction on her record will not be good. And I’d charge him for her damage.
I susoect he knows she is difficult so he’s looking to be freed.