What is the name of your state (only U.S. law)? Colorado
All,
I rented my house to a military couple on a three year lease. They are coming up on the one year point and he is being dishonorably discharged from his service (chose not to specify as he I don't see him as representative of that service) for domestic violence. She wants to stay in the house but she doesn't have a job. Part of the agreement in the lease is that the rent payment will come straight from DFAS (military pay system). However, his payment for this month hasn't cleared when it normally does and I'm afraid he cancelled the allotment in DFAS. Our lease doesn't say anything about an early termination clause. The only exception being if he gets PCS orders and he still has to notify me 30 days in advance. To date, we have not been notified of his intent to discontinue the lease.
They still have 2 years left on the contract and the wife wants to stay in the house and pay her rent with the alimony from her previous marriage. My fear is that she is going to get too deep into paying the rent and could start having other issues with not properly supporting the kids. She doesn't have a job.
So what are my options? I would like to assess some sort of termination fee from him for breaking the lease but I'm not sure how to handle this between the two of them. What happens to the deposit, do I have to pay it back to them equally? Since we don't have a clause in the lease that allows early termination, my assessment is that they are liable for all of the rent, but that also only applies if the house isn't rented. Looking for some advice on how to proceed.
I'm going to talk to the military lawyers next week as I'm active duty too. Just trying to see what sort of questions to ask.
All,
I rented my house to a military couple on a three year lease. They are coming up on the one year point and he is being dishonorably discharged from his service (chose not to specify as he I don't see him as representative of that service) for domestic violence. She wants to stay in the house but she doesn't have a job. Part of the agreement in the lease is that the rent payment will come straight from DFAS (military pay system). However, his payment for this month hasn't cleared when it normally does and I'm afraid he cancelled the allotment in DFAS. Our lease doesn't say anything about an early termination clause. The only exception being if he gets PCS orders and he still has to notify me 30 days in advance. To date, we have not been notified of his intent to discontinue the lease.
They still have 2 years left on the contract and the wife wants to stay in the house and pay her rent with the alimony from her previous marriage. My fear is that she is going to get too deep into paying the rent and could start having other issues with not properly supporting the kids. She doesn't have a job.
So what are my options? I would like to assess some sort of termination fee from him for breaking the lease but I'm not sure how to handle this between the two of them. What happens to the deposit, do I have to pay it back to them equally? Since we don't have a clause in the lease that allows early termination, my assessment is that they are liable for all of the rent, but that also only applies if the house isn't rented. Looking for some advice on how to proceed.
I'm going to talk to the military lawyers next week as I'm active duty too. Just trying to see what sort of questions to ask.