Military Orders are Cancelled.... Now what? - Landlord Forum thread 226535

Military Orders are Cancelled.... Now what? by Cameron Raspet (Washington) on June 21, 2011 @19:08

I currently have a tenant who is in the military. He does have a 12 month lease that ends in December with a military clause addendum that allows the lease to be terminated in advance as long as he provides 2 things: 1)Oorders that show him departing the local area for more than 30 days as well as, 2)a 30 day notice.

Now, he has given me the appropriate notice for a July 24th departure but will pay through July 31st to allow flexibility, and a copy of his orders. His main concern is the "what if" his orders are cancelled or are delayed significantly. Does he still have a legal right to the property if this happens since he's still within his lease period?

I'm concerned as obviously I'm trying to rent out the property as quickly as possible and likely could have a new tenant lined up well before July 31st. I'm hesistant to get a lease signed though, as I'm unsure if I might be putting myself in a position of 2 people being promised the same property after July 31st, if his orders changed. He's obviously concerned for the more basic need of a place to continue to live.

Any thoughts? I'd be surprised if this hasn't occurred before, so someone out there should have some feedback. Thanks.

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Re: Military Orders are Cancelled.... Now what? by Anonymous on June 23, 2011 @04:19	[ Reply ]

I'd tell him that you are going to proceed with getting a new tenant, BUT that if his orders change he can stay. Then tell prospective applicants of the situation. That they probably will have an apt, but might not. Unless you are in a great location you probably won't have a new tenant before the old one moves anyway.

Re: Military Orders are Cancelled.... Now what? by Jake on June 21, 2011 @19:10	[ Reply ]

If you have a good tenant who pays on time, keep him. Otherwise, take the opportunity to get rid of him.

Re: Military Orders are Cancelled.... Now what? by Eloise (SC) on June 21, 2011 @19:21	[ Reply ]

Hmmm, as a wife of a recently retired military member, I am not familiar with your orders changing or being "cancelled" just like that. Can't say it does not happen but in all these years I have never experienced it or known anyone who has. What kind of orders are we talking about? Is he PCSing or is he deploying to Irak or somewhere else? Simple PCSing, would normally not change, deploying on the other hand, could. What we normally did, when we changed bases, was that I stayed behind with the kids, and my husband would go alone for a few days, find a place to live, and then we'd move after the place was available. This would ensure we provided with sufficient time to the Landlord, packing etc. Also remember, you are not going to be able to rent the place the day after they move out, you will need a few days to clean and paint etc, even if they say they will leave the place in perfect condition, just account for some days, a week at the very minimum, that you will need, so if you are going to take up new tenants, make the place available 1-2 weeks after they move, this would put you in the middle of August, and this will also give you time for him to get out...If I where you, and I've rented to military members before, is request a 30 day notice, with a set date, period, because as nice as you would like to be, you need to protect yourself from being in an undesirable situation, and he needs to understand the position you are under. Military has military lodging, there's hotels, there's extended stay places, there's family, friends ... you're not putting him out in the street either. Just some ideas :)

Re: Military Orders are Cancelled.... Now what? by ERIC on June 21, 2011 @19:42	[ Reply ]

If they get cancelled, keep him. If they are going to get cancelled, it will be sooner, not at the last minute. And they don't get cancelled often. Unless he is overseas, then the orders to come home might get cancelled.

Re: Military Orders are Cancelled.... Now what? by will (oh) on June 21, 2011 @21:44	[ Reply ]

I would just place him on a mtm lease, and hold him to 30 days' notice. You are going to need time for make ready before you re-rent. Getting somebody to Move in directly after somebody moves out rarely works. If he is a good tenant, just go with what he needs, and make sure you get your 30 days' notice and full month's rent.

Re: Military Orders are Cancelled.... Now what? by F-lin (aZ) on June 22, 2011 @09:38	[ Reply ]

they won't be cancelled; front line infantry is needed in all 3 wars

Re: Military Orders are Cancelled.... Now what? by Bryan (Ia) on June 22, 2011 @10:08	[ Reply ]

Just reread this...so he doesn't have his orders yet? If not he hasn't meet his notification requirements. I would not start doing anything until he does.