Landlord Question and Answer Forum

Have military tenants who gave a 60 day notice to break lease due to buying a house 5 miles down the road. We accepted their notice and have placed house on market. Now we are at a 30 day mark and have received emails stating they cannot afford Aprils rent, and wanted to use security deposit towards rent. I advised I was able to do that due to regulations. Well yesterday, he now has temporary duty orders to IL ( we are in Fl). Now I understand state statues allow the lease to be broken under these orders. My question is this, they have already given notice to break lease, prior to these orders existing. Can they now claim SCRA and the reasoning why they are breaking lease?

You are responsible to hold up to the requirements of military orders. However you should not be missing out on rent or the security deposit. There has to be some sort of final termination agreement that you both can sign and agree too so that no one is being run over. Check with your state laws on military leasing.

Posted by Derrick D, PA on Thursday, March 3, 2016

Thanks for the input. They never really gave a formal end date so I gave them an end date of the day before his temp duty starts or deployment as he called it c school is not deployment but whatever at this point. Our law just states 60 +days of deployment or temp duty assignment they can break lease but no definite date as to when.

Posted by Bill and Christina C, FL on Thursday, March 10, 2016

Please look at Florida statute 83.682 on Civil Practice and procedure. You still should receive a 30 day notice and you should be getting a copy of the orders or a signed statement from his superior officer. Good Luck! Sandy from Fl. and MN

Posted by Sandra P, MN on Saturday, March 12, 2016