Saturday, July 28, 2012

The FL Military Clause Explained~

Breaking your lease with the military clause
Helping you understand your rights and obligations under your Florida lease.

Landlord Tenant Military clause FL statutes
2012 Military Clause according to Florida Statutes

Are you a Florida  landlord or tenant wondering what your rights are under the most recently Florida military clause? Here it is!

According to the 2012 Florida Statutes:

"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.
 
(3) In the event a servicemember dies during active duty, an adult member of his or her immediate family may terminate the servicemember’s 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. The notice to the landlord must be accompanied by either a copy of the official military orders showing the servicemember was on active duty or a written verification signed by the servicemember’s commanding officer and a copy of the servicemember’s death certificate.
(4) Upon termination of a rental agreement under this section, the tenant is liable for the rent due under the rental agreement prorated to the effective date of the termination payable at such time as would have otherwise been required by the terms of the rental agreement. The tenant is not liable for any other rent or damages due to the early termination of the tenancy as provided for in this section. Notwithstanding any provision of this section to the contrary, if a tenant terminates the rental agreement pursuant to this section 14 or more days prior to occupancy, no damages or penalties of any kind will be assessable.
(5) The provisions of this section may not be waived or modified by the agreement of the parties under any circumstances.
History.s. 6, ch. 2001-179; s. 1, ch. 2002-4; s. 1, ch. 2003-30; s. 5, ch. 2003-72."
 
A tip for those in flight training:
Sometimes military members are stationed at both Whiting Field NAS in Milton, FL and Naval Air Station Pensacola. While these bases are located approximately 40 miles from each other, some homes/ locations will not meet the 35 mile requirement as defined under the military clause.  If you plan on moving between bases, you need to be aware of this before securing your first rental home in our area.
And Remember: Put it in writing
Your 30 day notice is not effective until we have your:
1. Notice in writing
2. Accompained by a copy of your orders or letter from your CO
 
Of course, Realty Masters honors the military clause! We also offer reduced management fees and application fees for active duty military. We sincerely thank you for serving your country.
 
If you have any questions, please feel free to post them here~

Until next time,
Realty Masters of FL ~ Over 40 homes and apartments for rent!
Call us (850) 473-3983
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