Navy personnel wants out of lease

[steph0906]

What is the name of your state (only U.S. law)? California.

I know this is a landlord/tenant issue but it is with someone in the Navy. I am the landlord, and the tenant signed a lease, gave us postdated checks for rent and informed us this morning he volunteered for a year in Afghanistan. He applied six months ago for the position, and did not tell us anything about it until he left a voicemail this morning.

Since these are not orders and he volunteered, is he bound to a legal lease document?

Thanks for any assistance in this matter.

 

[redleg17]

A servicemember deployed to an overseas location is "on orders" to perform that duty. And no Federal servicemember protection laws differentiate between volunteer and non-volunteer assignments. As long as he is deploying for more than 90 days, he is protected.

Under the SCRA, lease termination is effective 30 days after the next rental payment is due after the landlord receives proper notice of intent to terminate.

 

[steph0906]

Thank you

I want to thank you for this information. If you dont mind, can you respond to the details:

1. He signed a one year lease last nite (December 16), lease begins december 31, 2009. He was going to move in on January 10. He informed us this morning by voicemail of the new information.

2. We received three signed checks:
1 for $100.00 dated Dec 17, 2009 (holding deposit)
1 for $200.00 dated Jan 1, 2010 (holding deposit)
1 for $1,011.00 dated Jan 15, 2010 for partial damage deposit and January rent.

When is he out of the lease, Feb 1, 2010?

Frankly, I definitely prefer we can rent it very soon so we dont have to enforce anything as he is serving our country.

 

[redleg17]

He hasn't even moved in yet? Then what's the problem? You want to rent to someone else and he needs out of the lease.....

 

[steph0906]

The problem is we may not find another tenant before the lease he signed would be up. We will continue showing it of course and actively seeking a new tenant.

 

[JETX]

First, ignore the previous 'advice'... it is NOT correct.

At this point, you have nothing but his checks... and a voice message of his POSSIBLE deployment. Until such time as he is able to actually show you ORDERS of his deployment.... his lease obligation remains. Ask him to show his orders.

In California, a landlord is not obligated to include a 'military clause' in his lease, but if he in fact present you with a copy of his deployment orders, federal law would apply as follows:
In general, Under Section 535 of the Service Member Civil Relief Act, a military member has the right to terminate a lease, if, after signing the lease: the tenant enters military service (which includes a reservist being called to active duty); or the tenant signs the lease while in military service, and then receives military orders for a PCS move, or to deploy, or as an individual in support of a military operation, with a military unit for a period of not less than 90 days.

 

[redleg17]

First, ignore the previous 'advice'... it is NOT correct.

At this point, you have nothing but his checks... and a voice message of his POSSIBLE deployment. Until such time as he is able to actually show you ORDERS of his deployment.... his lease obligation remains. Ask him to show his orders.

In California, a landlord is not obligated to include a 'military clause' in his lease, but if he in fact present you with a copy of his deployment orders, federal law would apply as follows:
In general, Under Section 535 of the Service Member Civil Relief Act, a military member has the right to terminate a lease, if, after signing the lease: the tenant enters military service (which includes a reservist being called to active duty); or the tenant signs the lease while in military service, and then receives military orders for a PCS move, or to deploy, or as an individual in support of a military operation, with a military unit for a period of not less than 90 days.

Point to where I was incorrect..... I stated that the protection was in effect after"proper notice of intent to terminate" was received. I assumed that the OP would know that a message on the answering machine wouldn't meet that requirement.

 

[Isis1]

Point to where I was incorrect..... I stated that the protection was in effect after"proper notice of intent to terminate" was received. I assumed that the OP would know that a message on the answering machine wouldn't meet that requirement.

don't do that.....

 

[steph0906]

Thanks.

Yes, we have checks, voicemail, possible deployment, AND the signed lease. I am not a hard, by the book, kind of person, but we have to protect ourselves. It is my wife and I and we can only pay our mortgage if we get the rents.

I think I am going to have to contact him, quote the SCRA language, which includes a WRITTEN notice, copy of orders, then the lease language (lease would go to end of January if we get this written info before dec 31)). even if he hasn't moved in yet......If we dont get the written language, then his lease is for an entire year as he agreed to.

If we rent it any time before end of January, we will refund him the difference.

Is this the correct way to go?

 

[redleg17]

Thanks.

Yes, we have checks, voicemail, possible deployment, AND the signed lease. I am not a hard, by the book, kind of person, but we have to protect ourselves. It is my wife and I and we can only pay our mortgage if we get the rents.

I think I am going to have to contact him, quote the SCRA language, which includes a WRITTEN notice, copy of orders, then the lease language (lease would go to end of January if we get this written info before dec 31)). even if he hasn't moved in yet......If we dont get the written language, then his lease is for an entire year as he agreed to.

If we rent it any time before end of January, we will refund him the difference.

Is this the correct way to go?

Even if he gives you notice after 31 December, the lease is terminated 30 days after the next rent payment is due after he gives you proper notification...... That means if he gives you proper notice in February and has paid that month, it terminates 30 days after the March payment.

 

[JETX]

Even if he gives you notice after 31 December, the lease is terminated 30 days after the next rent payment is due after he gives you proper notification...... That means if he gives you proper notice in February and has paid that month, it terminates 30 days after the March payment.

Still NOT correct.
There is NOTHING in this thread to even suggest the term of the lease being held by the OP. And even if it were an at will (as you ASSUME), the termination "30 days after the next rent payment is due" is not correct.

So, with the addlepate's information out of the way....

If the tenant signs a term lease.... he COULD be liable for any damages (including unpaid rent) from his breach to the time a new tenant takes over... assuming that the landlord mitigates his damages.
If there is no lease (at will tenancy), then either party can simply give a written notice to the other to terminate per state law (usually 30 days).

Now, if he presents VALID deployment orders, then the clause I provided in my earlier post would apply.

 

[steph0906]

First of all, my sincere gratitude to those who responded to my thread. The serviceman in question came to our house tonite. I explained to him the details of SCRA (which I had never heard before). It turned out he did not even have anything in writing because he was unsure of even taking the volunteer position (thus the advice to get it in writing and use the SCRA language)

We are hoping he now follows thru with the lease and living here as he is a great guy with lots of integrity.

Really, thanks again. You saved me ALOT of trouble.

 

[redleg17]

Still NOT correct.
There is NOTHING in this thread to even suggest the term of the lease being held by the OP. And even if it were an at will (as you ASSUME), the termination "30 days after the next rent payment is due" is not correct.

So, with the addlepate's information out of the way....

If the tenant signs a term lease.... he COULD be liable for any damages (including unpaid rent) from his breach to the time a new tenant takes over... assuming that the landlord mitigates his damages.
If there is no lease (at will tenancy), then either party can simply give a written notice to the other to terminate per state law (usually 30 days).

Now, if he presents VALID deployment orders, then the clause I provided in my earlier post would apply.

Are you seriously the only one that doesn't comprehend that the information and time periods that I'm posting are for IF he invoked the SCRA protections? Because I'm pretty sure the OP understands that. The lease termination period under SCRA isn't open for debate, seeing as it's in black-and-white under Federal Law**************

 

[JETX]

Because I'm pretty sure the OP understands that.

You are definitely in the wrong business... you can read minds of people several hundred (thousand?) miles away.... without even knowing anything about them!!! Definitely over qualified for that job you have tossing fries at McDonald's!!

 

[redleg17]

You are definitely in the wrong business... you can read minds of people several hundred (thousand?) miles away.... without even knowing anything about them!!! Definitely over qualified for that job you have tossing fries at McDonald's!!

Actually, I'm busy training to dodge bullets so you keep the right to run your mouth to total strangers on the internet.... thanks for the paycheck, by the way.