[faucirt]

Hi all, I am trying to terminate my Florida Apartment lease, and I would be surprised if I actually found a loophole, but here is what the Florida Apartment Association lease states:

Paragraph 23: Military Personnel Clause

You may terminate your lease contract if:
(1) not pertinent
(2) (iv) after entering into the lease contract, you receive orders to move into government quarters, or you become eligible to live in, and opt to move into government quarters

So, here is what I am asking... I just got married (making me eligible to move into government quarters) and am planning on invoking this clause. It doesn't say anything about providing proof to the current management. What do I really need to do?

[rockinmommy]

Hmm. I'm sure the LL is entitled to some sort of proof. Otherwise everyone and their brother could run around claiming this excuse to break their lease.

The military is big on paperwork. Surely you have some sort of documents regarding your move into military housing?

Just go talk to the landlord. Ask them what kind of documentation they need, and get it.

Or is there more to the story?

[LILL]

Hi all, I am trying to terminate my Florida Apartment lease, and I would be surprised if I actually found a loophole, but here is what the Florida Apartment Association lease states:

Paragraph 23: Military Personnel Clause

You may terminate your lease contract if:
(1) not pertinent
(2) (iv) after entering into the lease contract, you receive orders to move into government quarters, or you become eligible to live in, and opt to move into government quarters

so, here is what i am asking... i just got married (making me eligible to move into government quarters) and am planning on invoking this clause. it doesnt say anything about providing proof to the current management. what do i really need to do?

You can't just "involk" this clause... your landlord would require proof that you've been accepted into military quarters.

[froggy7]

If I am reading between the lines correctly, I get the impression that the OP is not actually going to move into the military housing, or else he wouldn't be worried about providing the proof. That "and" is an important part of the clause.

[faucirt]

No, I don't plan on moving into quarters... but by the letter of the lease, it seems as though if I put my name one the waiting list for govt quarters, that is sufficient proof of intent

And yes... the and is a HUGE part... of the clause.

Truth is, the management sucks, there is a 5 foot pile of trash (people's garbage bags, looks like the workers went on strike) in about a 200 square foot area where garbage isn't supposed to be, but the compactor has quit... and it looks like they are refusing to fix it, for the time being anyhow.

These are 1200 dollar/mo "luxury" apartments! That's a lot in Jacksonville!

This is all besides the fact that the maintenance team couldn't be held responsible for a 2000 dollar theft from my garage while I was deployed... though neighbors witnessed them leaving my garage door open for 2 weeks! OVERNIGHT TOO! Just to hang a sign. :(
Insurance covered it, but of course the apts say that it wasn't their fault, and that there was no proof... which there wasn't. Like my neighbor is going to record a call to the office building saying that they left my garage open... fat chance.

Thanks for all the help guys! Keep it up!

[ScottGem]

I think the landlord is going to require documentation stating that you have been assigned an apartment.

[faucirt]

If I am reading between the lines correctly, I get the impression that the OP is not actually going to move into the military housing, or else he wouldn't be worried about providing the proof. That "and" is an important part of the clause.

I can provide proof that I am eligible... and I can provide proof of intent to move to govt quarters...

Just because I intend to doesn't mean I have to in the end right?

[LILL]

To be able to break the lease, the landlord will want proof that your are moving because you have been accepted into gov. quarters... not that you are on a waiting list with the intent. Here is Florida law on the subject:

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.

[ScottGem]

From how I interpret what Lill posted, you would have to show the orders assigning you a unit or confirmation from your commanding officer. In other words, just beiong eligible and applying isn't enough. You have to actually have been assigned a unit.

[faucirt]

Am I reading this wrong or what... cause I have the same thing as you...

When it says that you must receive orders OR BECOME ELIGIBLE FOR QUARTERS??

That is an OR... there are no orders to ORDER a military officer to live in government quarters... it is completely up to the servicemember to choose.
I guess a letter from the commanding officer will have to do.

[rockinmommy]

am i reading this wrong or what... cause i have the exact same thing as you...

when it says that you must receive orders OR BECOME ELIGIBLE FOR QUARTERS??

that is an OR... there are no orders to ORDER a military officer to live in government quarters... it is completely up to the servicemember to choose.
i guess a letter from the commanding officer will have to do.

OK, you have sufficient reason to be extremely dissatisfied with your current landlords. I don't dispute that in the least. HOWEVER, you're trying to use a "loophole" for a completely unrelated issue to get you out of your lease. Typically, that's not going to work very well. If you break the lease and they come after you I believe you're going to come across to the court as kind of sneaky and like you're just looking for an out. Typically, especially in landlord friendly states like FL, that's going to backfire on you.

Just my 2 cents.

[LILL]

Once more...


(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;

The key word is AND.

[faucirt]

OK, you have sufficient reason to be extremely dissatisfied with your current landlords. I don't dispute that in the least. HOWEVER, you're trying to use a "loophole" for a completely unrelated issue to get you out of your lease. Typically, that's not going to work very well. If you go ahead and break the lease and they come after you I believe you're going to come across to the court as kind of sneaky and like you're just looking for an out. Typically, especially in landlord friendly states like FL, that's going to backfire on you.

Just my 2 cents.

Thanks for these 2 cents! That is a point that I had thought about for a second... I wasn't really sure how skeptical they would be that I was moving into housing, or if they would really pursue all the way to a court case.

Good point

[ScottGem]

(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.

That clause is the real key, not the OR BECOME ELIGIBLE FOR QUARTERS?? I understand you wouldn't receive official orders to move. But there should be some sort of document from the base housing authority assigning you to a unit. Either that or a letter from your commander and I would not ask him to lie for you.

[faucirt]

Once more...


(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;

The key word is AND.

OK, for this and...

If I "opt" to move into housing... does that necessarily mean that I MUST?

I guess there must be a less subjective way of writing this law... or rule... or whatever... out.

[KissMe10der]

You should report them to the housing inspectors.

[rockinmommy]

thanks for these 2 cents! that is a point that i had thought about for a second... i wasnt really sure how skeptical they would be that i was moving into housing, or if they would really persue all the way to a court case.

good point

If the problems were corrected, would you want to stay? Or do you just want out no matter what?

If you're not opposed to staying... I'd start a letter writing campaign (get other tenants on board). There may not be anyone on site who can or will do anything, but the property owners may like to be aware of what condition their property is being kept in and how their staff is handling matters. Or upper, off-site, management within the management company.

[faucirt]

If the problems were corrected, would you want to stay? Or do you just want out no matter what?

If you're not opposed to staying......I'd start a letter writing campaign (get other tenants on board). There may not be anyone on site who can or will do anything, but the property owners may like to be aware of what condition their property is being kept in and how their staff is handling matters. Or upper, off-site, management within the management company.

Would I want to stay if ALL of the problems were corrected? Certainly.
What are the odds though... it could be so much easier to try to take my hard earned dollars elsewhere...
I did send a message to their corporate office though!
I think I'm going to end up staying... but we'll see

[Fr_Chuck]

If you are actually moving into military housing, you can do this, but if you are not going to move into base housing then no, what happens they can challenge it and if you go to court, you will have to prove it.