Landlord wants to take us to court.

We are a military family that is temporarily stationed in Florida. We rented a house off base and decided to break the lease about 3 months in to move on base. The first notice we tried to give to the landlord she she rejected and 13 days later said she would take it only if it were thru certified mail. So on the 14th of Aug we had her sign the 30 day notice stating she recieved it. We didn't have a letter from the command or orders to move on base just yet so a note was added to the letter stating that one would be provided within 7 days. As well as a note that was also initialed stating rent will be paid as normal to the 15th and anything after the 15th would be prorated. The land lord says that she told me when she was leaving the area, however, I do not recall her stating so. When we finally recieved the letter from the command we certified mailed it to her postmarked the 20th (which is 6 days later). She then wrote us back through email stating that we would be responsible for rent til the 24th of Aug because that is when she signed for the letter. So we stopped payment on the second check we provided to her that was suppose to be given back to us. We moved out of the house on the 7th of Sept. She cleared the house for military purposes on the night of the 15th.

My question is when we go to court, what are our chances that she will not win?

[sandyclaus]

Originally Posted by Unregistered We are a military family that is temporarily stationed in Florida. We rented a house off base and decided to break the lease about 3 months in to move on base. The first notice we tried to give to the landlord she she rejected and 13 days later said she would take it only if it were thru certified mail. So on the 14th of Aug we had her sign the 30 day notice stating she recieved it. We didn't have a letter from the command or orders to move on base just yet so a note was added to the letter stating that one would be provided within 7 days. As well as a note that was also initialed stating rent will be paid as normal to the 15th and anything after the 15th would be prorated. The land lord says that she told me when she was leaving the area, however, I do not recall her stating so. When we finally recieved the letter from the command we certified mailed it to her postmarked the 20th (which is 6 days later). She then wrote us back through email stating that we would be responsible for rent til the 24th of Aug because that is when she signed for the letter. So we stopped payment on the second check we provided to her that was suppose to be given back to us. We moved out of the house on the 7th of Sept. She cleared the house for military purposes on the night of the 15th. My question is when we go to court, what are our chances that she will not win?

Why exactly is the LL taking you to court? Your posting is unclear on the specific reason and what the LL hopes to accomplish.

The LL wants to take us to court for the rent amount that was due for the days after the 15th of Sept. as well as any overdraft fees that incurred due to the stop payment for the second check.

We gave her two checks for Sept rent because we knew we would be out before the 15th of Sept. We did this so that when we cleared the house, the check could just be given back to us without all the wait of check clearing.

[sandyclaus]

Originally Posted by Unregistered The LL wants to take us to court for the rent amount that was due for the days after the 15th of Sept. as well as any overdraft fees that incurred due to the stop payment for the second check. We gave her two checks for Sept rent because we knew we would be out before the 15th of Sept. We did this so that when we cleared the house, the check could just be given back to us without all the wait of check clearing.

The statute is clear on this matter.

If your husband decided to move on to the base quarters, he is entitled to break the lease provided he gives 30 days notice and gives a copy of his orders to the LL at the same time. The statute specifies that the terms of release from the lease and how the law applies cannot be changed or modified by either party.

You gave a 30 day notice on Aug 14, but it did not include the orders. The LL made an exception and accepted the orders separately 6 days later. Technically, you remained liable for rent through to the 20th of September, or 30 days after the orders were provided.

If you did not pay this rent due to the LL, you will be required to do so by the court. Because the LL attempted to cash the previous check for the wrong amount, they are also entitled to overdraft fees that he incurred.

The note was written to cover 7 days after she signed. It was available within those 7 days however she was not intown to hand deliver it to her. In the 30 days notice, there is a statement saying that if she is not available it will be sent certified mail.

Originally Posted by sandyclaus The statute is clear on this matter. If your husband decided to move on to the base quarters, he is entitled to break the lease provided he gives 30 days notice and gives a copy of his orders to the LL at the same time. The statute specifies that the terms of release from the lease and how the law applies cannot be changed or modified by either party. You gave a 30 day notice on Aug 14, but it did not include the orders. The LL made an exception and accepted the orders separately 6 days later. Technically, you remained liable for rent through to the 20th of September, or 30 days after the orders were provided. If you did not pay this rent due to the LL, you will be required to do so by the court. Because the LL attempted to cash the previous check for the wrong amount, they are also entitled to overdraft fees that he incurred.

I disagree. The Service Member's Act allows active duty personnel who are ordered to a new location to terminate a lease (this means who are called to duty overseas or to a new service location, base, or reporting unit). It does not allow a service member who already is assigned to this base to choose to break a lease just so they can move into base housing. If the service member was not transferred and given a reporting order, this act does not give him the right to terminate at all. A notice from a supervisor that they want to move into base housing is not the same as active duty orders that are required under this act. This letter from a commander only states his wishes, not that he is entitled to break a lease.

Had this been an actual reporting order, then, yes, they would have been liable for the rent for 30 days after the order was submitted since it is required to be submitted with the request to terminate. If she is only requesting rent until the 24th and the nsf fees for canceling the checks you wrote, I suggest you pay her. You are getting a deal here.