[SkillD88N]

I am in the US Army Reserve as an AGR soldier. I will be relocating from Fl to Nj and need to break my lease. I have read the statute regarding this subject but am still unclear. I will provide the 30 day written notice and a copy of my orders. Does anyone know if I will still be held liable for the amount stated in my contract if I break the lease? Thanks for your time

[tickle]

You are in the military and breaking your lease for a valid reason and have your orders to validate that. I don't think your landlord would have a leg to stand on if he chose to hold you accountable. Checking with your CO would be a good idea too.

Tick

[excon]

Hello S:

Thank you for your service...

Some states have clauses in their landlord/tenant law that addresses this exact issue. I don't think ALL states do, however.

But, tick is right. I can't believe you'll be held accountable by any court. That doesn't mean your landlord is patriotic and won't try to get his rent... We, here on the real estate board, know that Florida is especially LANDLORD friendly. There's also a LOT of military in Florida, so I don't know how this will work out...

Nonetheless, I think how you handle your transfer will have a lot to do with your landlords reactions - or at least let's hope so. I think as much written notice as you can provide, with a copy of your orders included would be a great first step. Send your letter/notice CERTIFIED, return receipt requested. Send another by regular mail and hand deliver another copy to the office if there is one.

We should, or we used to have a copy of Florida's landlord tenant act at the top of the real estate page on a sticky note. You're welcome to look there for some backup law.

excon

[JudyKayTee]

" The 2009 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE Chapter 83
LANDLORD AND TENANT View Entire Chapter

83.682 Termination of rental agreement by a servicemember.--

(1) Any servicemember may terminate his or her rental agreement by providing the landlord with a written notice of termination to be effective on the date stated in the notice that is at least 30 days after the landlord's receipt of the notice if any of the following criteria are met:

(a) The servicemember is required, pursuant to a permanent change of station orders, to move 35 miles or more from the location of the rental premises;

(b) The servicemember is prematurely or involuntarily discharged or released from active duty or state active duty;

(c) The servicemember is released from active duty or state active duty after having leased the rental premises while on active duty or state active duty status and the rental premises is 35 miles or more from the servicemember's home of record prior to entering active duty or state active duty;

(d) After entering into a rental agreement, the servicemember receives military orders requiring him or her to move into government quarters or the servicemember becomes eligible to live in and opts to move into government quarters;

(e) The servicemember receives temporary duty orders, temporary change of station orders, or state active duty orders to an area 35 miles or more from the location of the rental premises, provided such orders are for a period exceeding 60 days; or

(f) The servicemember has leased the property, but prior to taking possession of the rental premises, receives a change of orders to an area that is 35 miles or more from the location of the rental premises.

(2) The notice to the landlord must be accompanied by either a copy of the official military orders or a written verification signed by the servicemember's commanding officer.

(3) In the event a servicemember dies during active duty, an adult member of his or her immediate family may terminate the servicemember's rental agreement by providing the landlord with a written notice of termination to be effective on the date stated in the notice that is at least 30 days after the landlord's receipt of the notice. The notice to the landlord must be accompanied by either a copy of the official military orders showing the servicemember was on active duty or a written verification signed by the servicemember's commanding officer and a copy of the servicemember's death certificate.

(4) Upon termination of a rental agreement under this section, the tenant is liable for the rent due under the rental agreement prorated to the effective date of the termination payable at such time as would have otherwise been required by the terms of the rental agreement. The tenant is not liable for any other rent or damages due to the early termination of the tenancy as provided for in this section. Notwithstanding any provision of this section to the contrary, if a tenant terminates the rental agreement pursuant to this section 14 or more days prior to occupancy, no damages or penalties of any kind will be assessable.

(5) The provisions of this section may not be waived or modified by the agreement of the parties under any circumstances."

http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&Search_String=& URL=Ch0083/SEC682.HTM&Title=->2009->Ch0083->Section%20682#0083.682

[excon]

Hello again,

That Judy. She's always there when you need her.

excon

[JudyKayTee]

Ahh, that silver tongued Excon!