Tenants submitted notice of early termination, 2 months into their lease, due to military reassignment. I’m using the TAR lease (Texas), and there is a military clause. My understanding of this clause is that it allows a tenant to break their lease, and absolves them of the responsibility of covering rent until another renter is found (like any other tenant would have to do if they terminated early). However does the military clause also prevent me from charging the early termination fee that’s written into my lease, signed by all parties? I want to be fair, and have great respect for our military, but also need to make sure I’m covering my investment now that I’m left to find a quality renter at the worst time of year for my market.
Coming back to give an update as many of you have reached out asking how this turned out.
After two weeks of calling every person I could find a number for at Ft. Hood and Ft. Bliss, it became quickly apparent my tenant was never stationed at Ft. Hood (as I was told he was and was stated on his application), and every “supervisor” contact I was given was a buddy rather than a superior. Apparently he had hoped to transfer to Ft. Hood, and thought being obligated to a lease would greaten his chances of having a transfer approved. I was able to get in contact with the CSM for Ft. Bliss, and he promised he would look into it. Both JAG and the Inspector General encouraged me to sue, and began an investigation in all the fraudulent paperwork I received. My lawyer suggested suing for the remainder of the lease term (14k) + fees/legal. As a last ditch effort to avoid having to go to court, I called the tenant and gave them one more opportunity to abide by the terms of their lease before we escalated through the court and the Inspector General. I think someone I got in touch with on base explained to them the severity of their actions, as they agreed to pay their early termination fee and have done a significant about of cleaning (the property was filthy). I’ve called everyone on base I spoke with to let them know the tenant made right by the situation as far as I’m concerned, and am working to get a new tenant as soon as possible to reduce their liability.
Thank you, all of you, for all of your help guidance and advice on this! It’s been a learning experience for me, and my system is forever improved. Thanks again y’all!