Military Tenant Going on Deployment
Julie MarquezPro Member
Investor · Skagit County, WA · Member since 2016 · 1k+ posts · 807 votesSo I understand that a tenant has the right to break a lease with military orders, but our rental agreements are M2M with this move-in fee caveat.
For example:
Rent $1650.
Refundable deposit $825.
Non Refundable Move In Fee $825 - added to refundable deposit if tenants has stayed for 12 months and is in good standing.
This is a great way to have the flexibility of M2M and include the incentive to have people stay at least one year, or know up front the fee for getting a unique short term rental. Before moving in, the military guy knows he is going on deployment in 6 months. He doesn't care about a lease because he knows he has the military right to break a lease. But for my terms can I still keep his move-in fee, or does the military card trump my move-in fee policy?
I'm not a lawyer, no legal advice, but, at least in our area with heavy military presence, it would be bad form to charge a service member an $850 fee because they received new orders, even if it was legal to do so.
@Julie Marquez
This service member may think he is going to deploy, but things can change rapidly. The act is a federal law on the books to protect service members when they are called upon for duty. I advise you to respect the law. I have had to chase many a crooked landlord like Kyle R. And school him up on the law. If the service member gets a lawyer involved, prepare to be hit with legal fees as well. 
@Jacob Powers So you are suggesting I refund the fee for service members? But what about for other people who also understand our terms and need to move before one year? How do you suggest I treat everyone fairly?
How do you not understand the stress involved in the deployment? Are you really this clueless? On my first deployment I went six months before I made my first phone call and ate my first meal that was hot. It’s a little different since typically we are going to somewhere where people are actively trying to kill you. Yeah you want him/her stressed out about some fee you charged them? That’s why it is A Congressional Act. I dealt with unscrupulous landlords by partnering with a local attorney who would write a demand letter and the legal fee would be 100% of the charge in question, Effectively doubling the cost of the landlord. Then I would have you blacklisted from the post rental pool. That tactic works very effectively and the word gets out quick.
Ya'll play nice now. Someone came on here to ask a legitimate question and not sure how we morphed into which military guy has a bigger xxxx.
Ya'll play nice now. Someone came on here to ask a legitimate question and not sure how we morphed into which military guy has a bigger xxxx.
I agree. The original question was legitimate, but Captain Kirk Anonymous User advocated to screw the service member over in violation of the Congressional Act and I called him out on it. If he is so passionate about hosing some poor E4 or E5, illegally mind you, then by all means he can put his real name to it. This kind of crap is what gives landlords a bad name. If he wants to come up to USMA and challenge my defense of a service member deploying into harms way then he knows where I am stationed, the door is open. As I explained above, too often I have come back from a deployment to find some unscrupulous LL like kirk who hosed a service member or their spouse. It happens often. If he is truly a veteran, then he is an utter embarrassment to the service. I cannot fathom advocating the illegal screwing of our military service members. How in the **** is this okay?
Ya'll play nice now. Someone came on here to ask a legitimate question and not sure how we morphed into which military guy has a bigger xxxx.
I agree. The original question was legitimate, but Captain Kirk Anonymous User advocated to screw the service member over in violation of the Congressional Act and I called him out on it. If he is so passionate about hosing some poor E4 or E5, illegally mind you, then by all means he can put his real name to it. This kind of crap is what gives landlords a bad name. If he wants to come up to USMA and challenge my defense of a service member deploying into harms way then he knows where I am stationed, the door is open. As I explained above, too often I have come back from a deployment to find some unscrupulous LL like kirk who hosed a service member or their spouse. It happens often. If he is truly a veteran, then he is an utter embarrassment to the service. I cannot fathom advocating the illegal screwing of our military service members. How in the **** is this okay?
Again. What did i post? that has you thinking I'm out to take advantage of veterans.
@Kirk R. You sound like a typical loser to me. Man up. Identify yourself for all. You are not a former captain I am willing to bet. Most former captains would look after service members. Your willingness to advocate to violate their civil rights is an embarrassment. You are an Embarrassment to the BiggerPockets community. And to do so anonymously how chicken-****.
you can believe me or not don't really care. I was a captain.
What did I post that you are so passionately offended by? That made you decide to curse at me?
Where in the hell did you get the idea that it is okay to screw over a service member? How is that okay? .... yes I am passionate. Because as an officer for over 2 decades of war, I have seen it all. And I am a LL too. SCRA exists to protect a service member who is going into harms way.... it is the cost of doing business as a LL. I have had it done to me too... it is what it is... it was you that advocated a slimy way to screw a soldier, not me!
Ya'll play nice now. Someone came on here to ask a legitimate question and not sure how we morphed into which military guy has a bigger xxxx.
I agree. The original question was legitimate, but Captain Kirk Anonymous User advocated to screw the service member over in violation of the Congressional Act and I called him out on it. If he is so passionate about hosing some poor E4 or E5, illegally mind you, then by all means he can put his real name to it. This kind of crap is what gives landlords a bad name. If he wants to come up to USMA and challenge my defense of a service member deploying into harms way then he knows where I am stationed, the door is open. As I explained above, too often I have come back from a deployment to find some unscrupulous LL like kirk who hosed a service member or their spouse. It happens often. If he is truly a veteran, then he is an utter embarrassment to the service. I cannot fathom advocating the illegal screwing of our military service members. How in the **** is this okay?
Again. What did i post? that has you thinking I'm out to take advantage of veterans.
Your original post is deleted... how convenient.
@Kirk R. You sound like a typical loser to me. Man up. Identify yourself for all. You are not a former captain I am willing to bet. Most former captains would look after service members. Your willingness to advocate to violate their civil rights is an embarrassment. You are an Embarrassment to the BiggerPockets community. And to do so anonymously how chicken-****.
you can believe me or not don't really care. I was a captain.
What did I post that you are so passionately offended by? That made you decide to curse at me?
Where in the hell did you get the idea that it is okay to screw over a service member? How is that okay? .... yes I am passionate. Because as an officer for over 2 decades of war, I have seen it all. And I am a LL too. SCRA exists to protect a service member who is going into harms way.... it is the cost of doing business as a LL. I have had it done to me too... it is what it is... it was you that advocated a slimy way to screw a soldier, not me!
well since you aren't telling me how you think I'm advocating to screw over our military members.
Take care of yourself. & I know it can be tough. & I do appreciate all our military members. & your service. although you seem really wound up. I won't post on this particular thread again.
@Lynn M. Agreed!
@Jonathan R McLaughlin 👍🏼
@Lan Raby 👍🏼
@Julie Marquez. I apologize if I was harsh. My advice. Suck up the loss on the fee and make it by getting in good with the base housing office. If you get on their preferred housing list, you can save on advertising AND the housing office will typically frontload screened tenants immediately when you get a SCRA to reduce your vacancy. BUT ONLY IF, they don’t want to lose your home from the housing pool, assuming you house meets their standards. Make an appointment and go visit the office to address your concerns, it may be worth it... every housing office is different, some are easy to work with and others just are not. Just a thought and worth a shot.
@Julie Marquez
I'm AD and there are many service members who do abuse the SCRA to break leases without regard to the effects on the landlord. Many times service members will break thier lease and put things in storage to save all their BAH while deployed, so that fee isnt hurting them. If you were upfront with them about the fee and explain it and they still want to lease then dont feel bad at all.
Hi Julie,I guess as long as ur legal nothing to worry about,to find out if ur legal obviously consult a lawyer. My take, military people by the nature of what they do, they live like nomads. They and their families choose that job and the lifestyle that comes with it. You and I and all other Americans enjoy the fruits of their job, which is to protect and defend our country. If I were you, I give him back the fee and thank him for serving our country.
@Bjorn Ahlblad as a military member I will tell you the lease may not be with the military but the military OWNS said tenant and will have no problem sending JAG to step in on his behalf to mediate for him if he feels he has been wronged and complains to his command. When you deal with members of the military in these matters you are dealing with the considerable power of the federal government and they will throw their weight around because these guys don't get paid much as it is.
@Lynn M.
I’m military, and I disagree. The military clause is getting abused by many. I recently attended a 1 year training. More than half my class signed two year leases to get reduced rent....knowing full-well that they would get orders in a year. This is just one example.
The military clause is meant to protect military in circumstances that are literally out of their control. Unfortunately, it’s being abused by people who know (at least roughly) when they will PCS and/or deploy well-in-advance. It sounds like this guy knew his timeline when he moved in, knew he wouldn’t make the 12 month requirement, but is hoping to abuse the military clause to get around the rules.
We take a lot of hits as military members...there’s many challenging, inconvenient, and costly moves and deployments. BUT we should still be held responsible for the rules and should be held to a higher moral standard, which means being honest with intentions and future plans.
@Jonathan R McLaughlin
I can see this IF he had no idea he was deploying. But he did know. He knew the policy. He knew he most likely wouldn’t make the 12 months. AND he signed anyways.
I don’t know the legal answer, but I don’t feel the OPs question is targeting military by any means.
@Alissa EngelI don’t think she is Targeting military, and I respect her for putting the question out there sincerely but I think her plan prioritizes her own gain at the expense of a military member in active service to the country. Saying “thank you for your service” costs people nothing, giving a person going on active duty deployment a break on a completely optional fee is actually a tangible benefit and the right thing to do.
@Alissa Engel didn’t see you were military which is funny and a great statement Of the diversity of legit opinions on this and other subjects. I stand by my statement though.
Legal-it seems to me the “refundable fee” is really a lease break penalty under different wording. A clear workaround to a law that’s clear on its intent. Numerous court cases in different situations have held that changing the wording or the timing of such things doesn’t make such fees allowed.
Optional choice—This is an active way to support someone doing an important job. Karma and all that. Also, in the grand scheme of the overall business it is not a huge burden and might even have some tangible benefits to the landlord in terms of greater tenant selection. And she hasn’t proven there is actual damage...can she Re-rent it quickly?
Potential Abuse—I see your point, it just doesn’t bother me too much, especially as a one off. circumstances change. You rent to someone with no kids they get pregnant, boyfriend/girlfriend changes, surprise job loss or change yada yada. Rolling with such things goes a long way towards making happier landlords.And usually someone who is abusing a process is a pain in the but in other ways. An overall good tenant who did this? Wouldn’t put this in the abuse category by any means
Howdy all y'all,
Taking the side of the "not so popular vote" here.
If someone is brave enough to defend our country so we have the freedom to have free enterprise, create a rental business to collect rent, and be an entrepreneur - then I am breaking that lease for them in a heartbeat all day long no questions asked under our Military Affidavit Clase in our lease. Military are usually put on some time of notice they are boots up so it should not be too much of a surprise. Even so, if they get the call in the middle of the night, I will still honor their decision to protect and serve our way of life in this great country. The last thing I want to put on their burden is worrying about "What's going to happen to my apartment deposits?" while they are dodging bullets, or even worse.
This is just my personal point of view. Not judging anyone. Run your business as you see fit. Afterall, it is your right to do so because of the brave men and women who have served and continue to serve our country.
Want to have some fun with this one? Take the half of the deposit and donate it as a tax deduction to Wounded Warriors, your local Veteran Administration Chapter, or another military organization or services that needs the help.
A man wiser than I once said (thanks Dad)...
"If you can't stand behind our military while they are doing their job - then try standing in front of them".
FYI, this would be a total "no go" in Massachusetts. MGL (Ma General Law) 186 ss 15B will ONLY allow for a First Month Rent, Last Month Rent, a Security Deposit not to exceed one month rent, and a lockset fee to replace locks when new tenants move in. No other "fees" may be charged unless in writing as "part of the normal rent". Deposits up here are always the tenant's money and must be handled in proper escrow.
@Brian Lucier You're response made me smile because I can tell that you have a good heart and I love your donation suggestion! Very interesting about the Mass. law - so you can't charge any other fees than a lockset fee? No initial pet fees, no move-in fees? We have the same deposits type of law too in WA.
@Lan Raby I do not understand what it's like to go on deployment and I've never been a service member. My brother is active duty officer in the Navy and we have lot of friends in our town that are always going on deployment, or just moving away after three years, and always living at the whim of the Navy. I definitely don't envy that part and it takes a better person than me to live and serve that way. I'm honestly just trying to do my best in my role as landlady. I kid here, but having to read you two grown adults name call each other, I might just stay away from military (that's sarcasm, okay!). I will meet and rent to any qualified applicant. And while I have some, but not a lot, of experience with military tenants, I just want to make sure I'm doing my part too. I didn't read anything in the SCRA or my WA state law about fees, but I do understand the intent and the heart behind the matter, so that's why I posed the question. I really do appreciate your insights
@Lan Raby I do not understand what it's like to go on deployment and I've never been a service member. My brother is active duty officer in the Navy and we have lot of friends in our town that are always going on deployment, or just moving away after three years, and always living at the whim of the Navy. I definitely don't envy that part and it takes a better person than me to live and serve that way. I'm honestly just trying to do my best in my role as landlady. I kid here, but having to read you two grown adults name call each other, I might just stay away from military (that's sarcasm, okay!). I will meet and rent to any qualified applicant. And while I have some, but not a lot, of experience with military tenants, I just want to make sure I'm doing my part too. I didn't read anything in the SCRA or my WA state law about fees, but I do understand the intent and the heart behind the matter, so that's why I posed the question. I really do appreciate your insights
I apologize for that. His original post was taken down by a moderator since the advice was to do something illegal essentially to just take the money since most troops would not know any better and force them to get a lawyer. I have dealt with many landlords as a Commander, most are good folks that just don't know any better. It just really angers me when you have a person knowingly taking advantage of a young naïve soldier to make a quick buck. This is especially prevalent in and around larger bases. I think the greater population of BP would not tolerate that. I hope it all works out. I have found that my military tenants really take care of my properties. I had one re-sod the yard completely and another that paid out of pocket to repaint the exterior. Again, I am sorry for hijacking your post.