Breaking lease due to military orders.
Investor · Renton, WA · Member since 2013 · 5 posts · 1 vote
I have a tenant whom broke her lease and wants her deposit back. She is claiming her husband whom did not live with her, and was not on the lease, received orders to go over seas. She has decided to accompanying him and is demanding that we refund her deposit because of these orders.
Anyone run into this before?
I have a suspicion they knew of the orders before the wife moved into our property. ( would this make a difference?)
The husband whom was not on the lease, lives in another state. (would this make a difference?)
P.S. After requesting a copy of the orders, they produced a letter from his commanding officer requesting they be released from their lease.
Thanks in advance for all the advice.
You can verify active duty status of a service member on the Defense Manpower Service Center web site. The SCRA modified the old Soldier and Sailor Relief Act 1940. Any service member who receives orders for a PCS may terminate a lease or is entitled to modification of debts to lower interest. The lease or mortgage modification applies to a primary residence.
In this case the spouse has leased a second home, while the Act extends to debts of the servicer member and immediate family, a second home wouldn't qualify unless the lease is over a certain amount (like over $2,000 a month).
Debts are not terminated but limited and remain in place and any modification reverts back to the original obligation and is payable.
My question is that if he has been in the states why wasn't she with him? Did she even mention him on the lease? This could have been a marital separation and she has decided to return, in which case she was on her own with the intent to leave the primary residence. But, it could be something else but it's still a second home.
I get the idea, from what's said, that she can terminate here lease due to his orders, so it does sound like she is playing the system. I'd bring the issue up of a second home and get her to change her attitude from demanding to asking. Then I'd hold her to clean up fees if any under the lease and when possession is given, I'd play it by ear, give her the money back and send her on her way feeling she got by lucky with your good graces. I might even have her pay for an ad to lease it as a damage in breaking the lease if she agreed through negotiation, if it gets to be a big deal say so long.
Just saying, if there was a bit of finagling going on, she needs a bit of a lesson, if she was really innocent in this matter and they had no notice two months ago of getting orders, that's different. But if the knew and she moved there and then changed her mind that's different. You can see when a unit deploys from the DMSC, if they leased after the PCS was issued it's on them.
I'd also say they are probably kids, and I'd not stick them either, but they may have a lesson coming, that's all. All IMO. :)
@Mason Kelley,
I'm new to BP, but am in the military, and have had experience with military tenants...including a previous similar situation to yours.
If your tenant broke the lease, because her husband has orders, there could be any number of circumstances. It would be worthwhile trying to look into what's going on before making any judgment. For example, if they are a first time couple, inexperienced in military moves, this could be easily explainable (as opposed to someone who's been married for a while). They could have gotten married during his current tour (during which he would not have been authorized to move her to his location until his first move--then he would be entitled to his move plus her move...perhaps she needed a lease to cover her until she knew more about his orders).
Also, due to funding, I wouldn't be surprised to hear that her husband's orders are being issued with very little notice (in the Navy, they're usually issued 6-9 months in advance, but I'm facing orders myself, and will probably get mine about 2 months out)...expect that to cause additional uncertainty. Regardless, if her husband has orders (and is in different location), I would expect her to move (with or without her deposit). If she doesn't think she's getting her deposit back, then she has very little incentive to take care of the property on her way out...trust me, damages can exceed deposits very easily.
I can say from experience, that it would be best to give her the benefit of the doubt, allow her to terminate her lease (issue the deposit after the walkthrough inspection minus expenses), and get another tenant. If you're able to have a conversation with her, get a little insight into her circumstances, and make an informed decision, I think you'll make a decision that helps your peace of mind, as well as your tenant's.
Feel free to reach out if there's any more you need to know.
Forrest Baumhover
The landlord should verify the transfer orders before returning any money.
Joe Gore