Military Clause Qustions

[statesman]

I recently got orders to VP-30. Cut on 18MAR and have me reporting NLT 1APR...

I went to talk to my Apartment complex here in Corpus about breaking the lease under a military clause, and they said they require 30 days and Ill have to pay up through then. So basically I have to pay through 21APR even though Ill be in JAX for 75% of that time.

Is that legal? Are they allowed to pull that even though I only got orders a few days ago?

 

[MasterBates]

Technically yeah. The Beach Club did the same thing to me in 2002. The former PM (now replaced) of where I lived in 07 tried to do the same, but the owner (FlyFastNow) let me pay to the day I left. Another reason for SNAs/IPs to rent from her, she understands the whole "I only got orders 3 days before I have to leave" thing SNAs deal with all the time.

 

[Gatordev]

What MB said.

The law says 30 days. It sucks that orders come down so quickly, especially in the training command, but them's the breaks.

 

[statesman]

We're going to have to have a conversation with Rick Perry about that... That should change.

But I guess thats what the whole DLA is for...

 

[OnTopTime]

The law will vary from state to state. What's "legal" depends on what the law says and how your lease is written.

Have fun in Jax. Do you know what squadron you're headed to after the RAG?

 

[statesman]

No clue...

We dont find out until about 2 months from completion, (so I hear). I put Whidbey and HI as my top two choices. Im back and forth on which one I want more than the other.

 

[helolumpy]

Walk over to base Legal (also known as NLSO) and ask a lawyer; don't cost nothing.

You can get legal advice from a lawyer or a bunch of sea-lawyers...

 

[KBayDog]

I put Whidbey and HI as my top two choices. Im back and forth on which one I want more than the other.

I'll give you a hint: Hawaii.

 

[scoolbubba]

Let them know you'll be talking to legal. The threat of having a navy JAG call them up will sometimes change a PMs tune, even if they are within the letter (not necessarily the spirit) of the law. It's worked for me before. No one wants the bad press of "real estate manager screws military families" on their head.

 

[BACONATOR]

Generally, let the landlord/manager know ahead of time that orders on the backend will be tight, and they are usually OK with you giving them a verbal date (hey, I'm leaving in a month, but no orders yet) and then pass the orders when they come in. I know plans change etc, but if you're pretty sure you'll be gone in a month, a day or two won't matter but see if telling them before you have orders works in the future.

 

[Scoob]

Let them know you'll be talking to legal. The threat of having a navy JAG call them up will sometimes change a PMs tune, even if they are within the letter (not necessarily the spirit) of the law. It's worked for me before. No one wants the bad press of "real estate manager screws military families" on their head.

Or end up on the housing office's list of places you shouldn't rent.

 

[porw0004]

The Servicemember Civil Relief Act is a federal law so it does not vary "state to state", it trumps any clause written into a lease unless a seperate form waiving the protections of the act is signed, and it does say 30 days' notice are still required. Threatening military blacklisting is a reasonable option, but shouldn't be considered a catch-all just because the Navy fucking SUCKS at posting orders in a timely manner.

 

[Spekkio]

30 days is the law, and it's written on every lease agreement I've signed. A Navy JAG can try to intimidate the landlord, but at the end of the day they are on the right side of the law, and landlords who have experience with Sailors will know it.

However, you don't need orders to enact the military clause. You can notify your landlord in writing that you are going to be moving at X date with orders pending, signed by your command, and they will start the 30 day timer at that point. Some landlords are even nicer and are okay with just a verbal heads up, but you still run the risk at some apartment complexes of them saying "well, I don't know who you talked to but we didn't get notified." Works well for people in TRACOMS who are going to be moving within a relatively certain timeframe to get to the fleet.

 

[SWACQ]

30 days is the law, and it's written on every lease agreement I've signed. A Navy JAG can try to intimidate the landlord, but at the end of the day they are on the right side of the law, and landlords who have experience with Sailors will know what the law is.

However, you don't need orders to enact the military clause. You can notify your landlord in writing that you are going to be moving at X date with orders pending, signed by your command, and they will start the 30 day timer at that point. Some landlords are even nicer and are okay with just a verbal heads up, but you still run the risk at some apartment complexes of them saying "well, I don't know who you talked to but we didn't get notified." Works well for people in TRACOMS who are going to be moving within a relatively certain timeframe to get to the fleet.

Concur. Graduation dates may slide a week or two, but once you get close, you should have a pretty good idea when its going to be. If the OP waited until 3 days before moving to notify the PM that is a dick move. They have a business to run, and the "oh, woah is me, I'm in the military..." bit only goes so far when you are screwing a business. Sometimes being considerate goes farther than what the law requires. Also concur that that is what DLA is for. Its not free money, its meant for stuff like this.