NationStates Jolt Archive

OK, folks, here's the deal. As most of you know, my wife is in Basic Training for the Air Force. We want to break our lease, and pursuant to the Servicemembers Civil Relief Act, formerly known as the Soldiers and Sailors Civil Relief Act, we can legally do so.

Here's the problem. My landlord is saying that if we do, we will legally be forfeiting our security deposit. Here's (http://www.operationhomefront.org/Info/info_laws_legislation_scra.shtml) all I can find so far on the subject, and I'm not great with legal mumbo jumbo.

Any person who knowingly seizes, holds, or detains the personal effects, security deposit, or other property of a servicemember or a servicemember's dependent who lawfully terminates a lease covered by this section, or who knowingly interferes with the removal of such property from premises covered by such lease, for the purpose of subjecting or attempting to subject any of such property to a claim for rent accruing subsequent to the date of termination of such lease, or attempts to do so, shall be fined as provided in title 18, United States Code, or imprisoned for not more than one year, or both.

So if anyone can interpret this, or knows from experience, please hook me up with some info. Can she keep my security deposit? ($950! It's my moving money! :mad: )

That's about as straightforward as it gets with law. No, she can't keep it.
If she does, she faces a fine and up to one year incarceration.

Good luck, and thank your wife for me for her service to our nation. :)

OK, folks, here's the deal. As most of you know, my wife is in Basic Training for the Air Force. We want to break our lease, and pursuant to the Servicemembers Civil Relief Act, formerly known as the Soldiers and Sailors Civil Relief Act, we can legally do so.

Here's the problem. My landlord is saying that if we do, we will legally be forfeiting our security deposit. Here's (http://www.operationhomefront.org/Info/info_laws_legislation_scra.shtml) all I can find so far on the subject, and I'm not great with legal mumbo jumbo.

So if anyone can interpret this, or knows from experience, please hook me up with some info. Can she keep my security deposit? ($950! It's my moving money! :mad: )
Have your wife contact her local office of the Judge Advocate General's Corps and ask them about it ... soon! I don't think they can use your militarily required relocation as an excuse to keep your deposit, but it's best to consult the experts. :)

As a former Marine and OIF vet, the regs of any military law stand as is. If she takes your possessions (ie the money) she will suffer. Once you cut the lease the money is yours and she is pretty much stealing from you. That is all it means. Military regulations actually take on a serious effect as opposed to civilian laws so call the nearest afb and get in contact with JAG. They should help no problem.

Semper Fi

No, you land lord can't keep your deposit.

Have your wife contact JAG, and have a JAG lawyer write a letter telling your land lord what your legal rights are and what can happen if your landlord attempts to violate them.

One of my soldiers when thru the same thing when we got deployed to the desert. You can contact Jag yourself if you have a spouse ID. Might be easier than your wife trying to get to JAG during basic.

Thanks guys!
I think I found my answer on the army website.

Can I get a refund on my security deposit or prepaid rent?

If you paid your rent in advance, your landlord must refund the unearned portion. If a security deposit was required, your landlord must refund it to you upon termination of the lease. You are required to pay rent only for those months before the lease is terminated.

I appreciate it! And I've been given strict orders from her to tell everyone thanks are not needed, just don't pull our troops out till we're done!

(God, I need some Tums and a beer :headbang: )

Everything they said and THIS -

Make sure your wife, upon graduation, shows them orders to just get up and move. Your landlord cannot bitch nag or complain.

Have your wife contact her local office of the Judge Advocate General's Corps and ask them about it ... soon! I don't think they can use your militarily required relocation as an excuse to keep your deposit, but it's best to consult the experts. :)

Sound advice, this is absolutely what you need to do. They are free and love to take on things like this. My guess is a simple letter from them will suffice. Good luck.

Sound advice, this is absolutely what you need to do. They are free and love to take on things like this. My guess is a simple letter from them will suffice. Good luck.
"Love" to take this sort of thing on??

Hell, bro! They get positively giddy about it! I actually saw one JAG Officer rub his hands together in unrestrained glee! LIke some damned kid about to put a tack on a disliked teacher's chair! :D

Seems pretty clear cut. But these things rarely ever actually work out like that. Good luck.

BTW, as an after thought, I thought some of you would like to know that ALOT of my far left Liberal anti-war in-laws now hate my guts, and blame me for my wife joining! :D

You shoulda seen their faces when she told them she voted for Bush! PRICELESS! :p

The only thing to be careful of... make sure that there is no damages or anything of the sort. So that the landlord doesn't have grounds to say it's needed for repairs or cleaning or somesuch stuff.

BTW, as an after thought, I thought some of you would like to know that ALOT of my far left Liberal anti-war in-laws now hate my guts, and blame me for my wife joining! :D

You shoulda seen their faces when she told them she voted for Bush! PRICELESS! :p
1. Airfare to visit your in- ( or out- ) laws, $150.00

2. Picture of your wife in uniform, $5.00

3. Look on their faces when they see the photo ... priceless! :D

The only thing to be careful of... make sure that there is no damages or anything of the sort. So that the landlord doesn't have grounds to say it's needed for repairs or cleaning or somesuch stuff.
True, but God help him if the claims of "damage" are bogus! Mwahahaha! :D

OK, folks, here's the deal. As most of you know, my wife is in Basic Training for the Air Force. We want to break our lease, and pursuant to the Servicemembers Civil Relief Act, formerly known as the Soldiers and Sailors Civil Relief Act, we can legally do so.

Here's the problem. My landlord is saying that if we do, we will legally be forfeiting our security deposit. Here's (http://www.operationhomefront.org/Info/info_laws_legislation_scra.shtml) all I can find so far on the subject, and I'm not great with legal mumbo jumbo.



So if anyone can interpret this, or knows from experience, please hook me up with some info. Can she keep my security deposit? ($950! It's my moving money! :mad: )


Good news: She cannot seize it for early withdrawl from the lease...

Bad news: If your lease included provisions for using the security deposit for the purpose of restoration or repairs to the premises, she can still seize it (assuming she uses that for an excuse)...

Good news: She cannot seize it for early withdrawl from the lease...

Bad news: If your lease included provisions for using the security deposit for the purpose of restoration or repairs to the premises, she can still seize it (assuming she uses that for an excuse)...

From the sounds of this woman, take pictures of your place and have it inspected BEFORE you leave. Otherwise I'm betting you'll get most of it taken as repairs/cleaning fees.

From the sounds of this woman, take pictures of your place and have it inspected BEFORE you leave. Otherwise I'm betting you'll get most of it taken as repairs/cleaning fees.
I have a nice digital camera, and about 10 gigs of free space left on my computer. I'll take a pic of EVERY crack and crevice! ;)

This coming from a 20 year Navy veteran who has done more than my fair share of moving...

As a general rule of thumb, take pictures before you move in, and as you move out. That way you can show before and after.

Thanks guys!
I think I found my answer on the army website.


I appreciate it! And I've been given strict orders from her to tell everyone thanks are not needed, just don't pull our troops out till we're done!

(God, I need some Tums and a beer :headbang: )
One other word of advice. Take pictures of the premises when you have all your furniture out. Do a walk through with the landlady to identify damages to the property. If you don't, you are leaving yourself open to any claims she might bring against you for damages. That's what the security deposit is paid for and she should have a legitimate claim against you, if there are damages.

[edit]
As a landlord, I find a face-to-face walkthrough to be a very good way to identify everything I plan to charge the tenant for. That way, there are no surprises when they have a portion of their security deposit withheld.

more advice...
next time...Do not send your wife to Iraq...send your Landlord :D

more advice...
next time...Do not send your wife to Iraq...send your Landlord :D
Normally I can't agree with OD2... but I have to give you props for this one. I like your style, kid.

If you're having problems because your landlord wants to see orders, have your wife send a copy of her orders to Basic Training. She might not physically have them, but her TI will and s/he can (and will) get them to you.

OK, folks, here's the deal. As most of you know, my wife is in Basic Training for the Air Force. We want to break our lease, and pursuant to the Servicemembers Civil Relief Act, formerly known as the Soldiers and Sailors Civil Relief Act, we can legally do so.

Here's the problem. My landlord is saying that if we do, we will legally be forfeiting our security deposit. Here's (http://www.operationhomefront.org/Info/info_laws_legislation_scra.shtml) all I can find so far on the subject, and I'm not great with legal mumbo jumbo.



So if anyone can interpret this, or knows from experience, please hook me up with some info. Can she keep my security deposit? ($950! It's my moving money! :mad: )
Seems like one of the other benefits you should get is a move, at government expense, from your wife's home of record to her first duty station. This move ought to include packing, transit, and unpacking. She shouldn't have a big financial burden when she relocates after basic. I was commissioned, not enlisted, so you may be subject to different rules.

Seems like one of the other benefits you should get is a move, at government expense, from your wife's home of record to her first duty station. This move ought to include packing, transit, and unpacking. She shouldn't have a big financial burden when she relocates after basic. I was commissioned, not enlisted, so you may be subject to different rules.

Coming from the enlisted side, unless it's changed much in the past 5 years, she wont have any orders except to Basic Training. Once she graduates, they'll cut orders for her to go to Tech School. Until she gets her 'short sheet' (outprocessing checklist) she wont know what base she's being sent to, much less have orders cut. However, as I stated in my previous post, the OP can get his wife to send him copies of her orders to Basic and that's sufficient to break his lease so he can move to her Tech School location. For all practical purposes, it's probably easier (and wiser) to wait till she reaches Tech School before moving there.

The spouses move to the Tech School base should be covered by the Gov't. Because it's her first move, you wont qualify for DLA (I dont believe you do, anyway), but the Gov't will either pay their movers or reimburse you if you move yourself (DITY).

Once she receives her orders to her first duty station, rinse and repeat (still without DLA).


Just out of curiosity, what's her AFSC?

Normally I can't agree with OD2... but I have to give you props for this one. I like your style, kid.here...*gives NewThing a beer* have a cold one... :cool:

here...*gives NewThing a beer* have a cold one... :cool:

But you're OD3...

But you're OD3...yeah I am the newer improved version...leaner and meaner :D

But you're OD3...:eek: Holy Shiite... *Opens expensive grand Marinier Bottle*
Congrats on your 4000 Post... Drugs and Alcohol are on me tonite... :cool:

PartyTime:D
http://www.galaxy-fireworks.co.uk/images/pictures/galaxy_fireworks_finale.jpg

To celebrate I shall put you on my special edition sig...