Tenant Received Orders
My tenant received their orders recently. This is a first for me. Can they just break their lease and move out since they are being relocated? Does the military pay their remaining lease or how does this work? Please advise thank you!
I believe they are allowed to break the lease for that. Even if they are not, I would let them break it. The rental market is still strong and I would do whatever I could to support our military members.
@Jose Campos Your properties are always top notch! I'm sure you'll be able to rent it again quickly.
I would also ask to speak with his/her CO and ask for their assurance that the tenant will leave the place spotless. That goes a long way if the tenant knows his CO will make his life hell if he gets a call from the old landlord saying his guy trashed the place on the way out
#1 Tenant Screening Contributor
- Property Manager
- Honolulu, HI
Yes, the Servicemember Civil Relief Act provides that they must give written notice of deployment for more than 90 days, or PCS (permanent change of station), from which they are responsible for 30 days after the next rent due date. They should also provide you copy of their orders. They still are responsible to properly clean and make repairs per the terms of your agreement.
You should know that there is also a requirement that personal property, including their automobile, can NOT be seized or towed without court order.
Great advice thank you! Yes they did just provide their orders and I have had them in this unit for sometime now. Just wanted to get a better hand and understanding of how this works and what to expect. I will ask for their CO's contact info. They said their orders just came in and it is for the end of this month or March I believe so very quick and caught me off guard
Thank you!
@Jose Campos just follow the law and fully understand it if you’re going to invest in towns with military in it. If it were anyone else, would you call their boss for assurance they’re “employee” is going to leave their home a wreck? Or if you’re assuming they will, then screen better next time.
Quote from @Jose Campos:
You have to release them if they have orders. They are still required to provide you a copy of the orders as evidence of the pending move, and they have to give you 30 days notice.
@Jason Hirko
There’s not much the CO can do if your military tenant leaves the place trashed.
#3 BRRRR - Buy, Rehab, Rent, Refinance, Repeat Contributor
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- Austin, TX
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#3 BRRRR - Buy, Rehab, Rent, Refinance, Repeat Contributor
- Investor
- Austin, TX
This is one of the pitfalls of renting to military. They can leave at any time with orders.
Quote from @Nathan Gesner:Yes of course thank you
Quote from @Jose Campos:
You have to release them if they have orders. They are still required to provide you a copy of the orders as evidence of the pending move, and they have to give you 30 days notice.
Quote from @Brian S.:Towns with military are every town btw and this is San Antonio aka military city so every tenant is a potential vet. And you must not verify well when you screen because I do check references before they move in and I did not plan to call their CO or anyone else; that was recommended by someone on this forum. They are great tenants, like I said in my original post, never dealt with this just wanted to double check. They are leaving end of this month and will leave everything clean and new like they found it. If not, that's why I have a security deposit, just like every other tenant and move out/move in process.
@Jose Campos just follow the law and fully understand it if you’re going to invest in towns with military in it. If it were anyone else, would you call their boss for assurance they’re “employee” is going to leave their home a wreck? Or if you’re assuming they will, then screen better next time.
#2 Managing Your Property Contributor
I think they are allowed to break the lease-though I assume they need to give proper notice (eg 30 days). I'd let them out with 30 days' notice and just focus on getting it rented.
Quote from @Jason Hirko:
@Jose Campos Your properties are always top notch! I'm sure you'll be able to rent it again quickly.
I would also ask to speak with his/her CO and ask for their assurance that the tenant will leave the place spotless. That goes a long way if the tenant knows his CO will make his life hell if he gets a call from the old landlord saying his guy trashed the place on the way out
Dont do this. The only reason to call their CO is IF they failed to pay rent or trashed the place AND didn't have enough I'm their security deposit to cover the costs. The CO doesn't need a landlord calling them to get reassurance their solider/sailor/airman will clean up after themselves. I see you won't be doing that as it's just a horrible idea.
Just.... no.
Quote from @Courtney Walker:
@Jason Hirko
There’s not much the CO can do if your military tenant leaves the place trashed.
My business partner is a 100% disabled vet in the Air Force as an Officer and he assures me he would make sure his guys all paid their bills and followed through on their commitments. How he did it I can only imagine!
Here is the form our attorney suggests we use for these situations.
@Jason
I’m also a vet. I don’t recall a Uniform Code of Military Justice violation or military regulation a CO could use to force a member to clean their off base residence…other than scare tactics.
@Jason
And ensuring a military member pays their bills is a different can of worms than ensuring they clean their off base residence. I agree on ensuring they pay bills, there are mechanisms to aid in that process.