Argh, apartment complex woes...

[evan]

Got my orders at the end of NOV. In DEC, I gave a copy of them to the apartment main office and said I would be moving out on the 31'st of january(as stated by my orders) They said "ok not a problem, take this paperwork put on a forwarding address sign it and bring it back."

Not sensing any urgency from the womans voice, nor did she say anything about my returning the signed paper was the official termination of residency, I sat on the document until last week, returning it simply because I was near the office to do my laundry...

I should've read that whole lease, not just the military clause... so many pages...
Now I am being forced to pay 930 bucks for an apartment I wont be in at all...lol

I could hear my old buddy Tony saying "Well...Don't you feel dumb?" Yes, Tony, I do feel dumb...

[angie7]

Really? Can they legally make u pay? I thought military orders were excluded from all lease break fees. I know its in the lease but I would assume ur orders null n void it. I wld look.into deeper. What exactly r they saying u have to pay for?

[evan]

They say I didn't give proper 30 days notice because I gave it verbally only, they would not consider my orders as written notice. Only thing they take for notice is their written form. It's shitty for sure. Going to take it to the housing fellas on base. thanks for your concern tho, i had to vent for feeling so dumb, lol.

I am basically paying a pro-rated rent to cover the 30 days from the point they consider I gave official notice.

[jmaynard]

Originally Posted by evan

They say I didn't give proper 30 days notice because I gave it verbally only, they would not consider my orders as written notice. Only thing they take for notice is their written form. It's shitty for sure. Going to take it to the housing fellas on base. thanks for your concern tho, i had to vent for feeling so dumb, lol.

I am basically paying a pro-rated rent to cover the 30 days from the point they consider I gave official notice.

If you took them your official orders and presented them to the leasing company you do not owe them dime. Any forms required by them is THEIR RESPONSABILITY to get completed upon notification.

Get your commander involved and work with your personel services company people people. The officer/NCO there may be able to help. Worse case, perhaps Command can restrict the complex if they wont play ball, preventing other GI's from wasting money there.

Thank you for your service, and post the name and mailing address of these clowns so that we can send them a personal letter reminding them of the 'right thing to do'. Your service should be rewarded not penalized.

[2ndgenz28]

Their made up rules do not trump the rules laws and regulation of military service, tell them to sit and spin or youll call the local news, which then 2 days later its national news that so n so is screwing military servicemen and the apt manager gets their walking papers.

[2010SS2SS]

Have one of your buddies on base take it for a month..shag shack or something

[evan]

Thanks for the hope. I'm gonna give it a shot tomorrow. The documentation seems sound. The military orders do give me grounds to break a lease, but I didnt return their "written notification" on time, so the outlook is not so good.

The sad truth is, perhaps the lady has had some bad dealings with other military tenants, which in turn would give her no reason to want to help me out. Rules are written in blood as they say, theres plenty truth to that.

[evan]

Originally Posted by 2010SS2SS

Have one of your buddies on base take it for a month..shag shack or something

I had thought of this. Only prob with that is my boat(submarine) is in inactivation. The last of us are leaving at the same time.

[Ruin]

A lot of great advice here. Get the commander involved, and politely remind the complex that your orders are all you need to break the lease without ANY kind of penalty... because the law says so.

You should be good to go, and a letter from someone high up in your unit should fix this little problem.

Good luck!

[jmaynard]

Here is what you need to take to the landlord:

Section 304
(50 U.S.C. App. § 534)

(1) The provisions of this section shall apply to any lease covering premises occupied for dwelling, professional, business, agricultural, or similar purposes in any case in which (a) such lease was executed by or on the behalf of a person who, after the execution of such lease, entered military service, and (b) the premises so leased have been occupied for such purposes, or for a combination of such purposes, by such person or by him and his dependents.
(2) Any such lease may be terminated by notice in writing delivered to the lessor (or his grantee) or to the lessor's (or his grantee's) agent by the lessee at any time following the date of the beginning of his period of military service. Delivery of such notice may be accomplished by placing it in an envelope properly stamped and duly addressed to the lessor (or his grantee) or to the lessor's (or his grantee's) agent and depositing the notice in the United States mails. Termination of any such lease providing for monthly payment of rent shall not be effective until thirty days after the first date on which the next rental payment is due and payable subsequent to the date when such notice is delivered or mailed. In the case of all other leases, termination shall be effected on the last day of the month following the month in which such notice is delivered or mailed and in such case any unpaid rental for a period preceding termination shall be proratably computed and any rental paid in advance for a period succeeding termination shall be refunded by the lessor (or his assignee). Upon application by the lessor to the appropriate court prior to the termination period provided for in the notice, any relief granted in this subsection shall be subject to such modifications or restrictions as in the opinion of the court justice and equity may in the circumstances require.
(3) Any person who shall knowingly seize, hold, or detain the personal effects, clothing, furniture, or other property of any person who has lawfully terminated a lease covered by this section, or in any manner interfere with the removal of such property from the premises covered by such lease, for the purpose of subjecting or attempting to subject any of such property to a claim for rent accruing subsequent to the date of termination of such lease, or attempts so to do, shall be fined as provided in title 18, United States Code, or imprisoned not to exceed one year, or both.

Paragraph 2 covers you. You delivered a set of orders stating that you were leaving. Now, the hard part. You 'should' have filed a letter stating your intent and this is where the contention will be. I would politely 'remind' these folks that you are serving your country and that it would be viewed very well if they would work with you on this; since you did inform them and present them with your orders.

In court you would probably lose because you never actually presented them with a document letting them know you planned to break your lease. I would hope that this landlord would be more patriotic and show some compassion. Again, post their mailing address and name and let a few thousand members 'remind' them of their patiotic responsability.

[evan]

Originally Posted by jmaynard

Here is what you need to take to the landlord:

[/I]

Paragraph 2 covers you. You delivered a set of orders stating that you were leaving. Now, the hard part. You 'should' have filed a letter stating your intent and this is where the contention will be. I would politely 'remind' these folks that you are serving your country and that it would be viewed very well if they would work with you on this; since you did inform them and present them with your orders.

In court you would probably lose because you never actually presented them with a document letting them know you planned to break your lease. I would hope that this landlord would be more patriotic and show some compassion. Again, post their mailing address and name and let a few thousand members 'remind' them of their patiotic responsability.



[/INDENT]

Yeah, I did not present the written notification as required. Really wish I would've read that whole damned lease. I did try to appeal to the womans' compassionate side. Didn't work to well... I serve but feel I deserve no special treatment. I'll see what the legal and housing guys can do. It really does mean a lot to the guys (and gals) when there are people who support and stand up for the armed forces. Something tells me you've done your share of service as well, thanks.

[angie7]

Even tho you didnt do what the apt complex "requires" I dont think they can legally make you pay. You have military orders that trump any of their meaningless rules, period. Stand your ground bc that is pure bs.

On a side note, Im pissed for you. Thats ridicilous to try to force you to pay. That b*tch needs to kiss your ass for YOU protecting her freedom & rights!!!! Sorry this is just a sore spot for me. I hope you get it figured out but stand tall. You should not have to pay a dime.

Thank you for ur service. Be safe

[2ndgenz28]

post the apt complex info here, we'll get you fixed with a nice email or two tot he real owners of the building.