At this point, does it matter? Just get the tenant out as fast as you can…

[quote=Hobie]Does your lease allow cancellation? Doubt it. Say nothing, he will move then send him a bill pro-rating the remainder of the lease. Certified of course.[/quote]

+100…

Parmount. Be courteous and nice right now. Get him/her to move out as fast as possible, leaving your property in the least damaged way possible….
Bite your tongue, as pissed as you might be.

Just ask him to give you a signed lease termination as soon as possible. He’s not going to be anal and ask you when the notice starts……You might as well start the termination by the day you receive the signed copy (or the day it’s postmarked). Don’t bother telling him/her that.

AFTER he moves out, get the place professionally cleaned, give him an itemized deduction from his/her deposit. And then also you might was well stick him with a due notice of the prorated rent after the fact if the guy was jerk. Give him a copy of the signed termination and a copied proof of when you received the signed copy…Send him a bill for the prorated rent..*edit* I don’t think you can deduct the proration due from the deposit.

[quote=paramount]There is a back story to all of this:

In early July I decided to terminate the management contract on my property; for a number of reasons but mainly b/c I no longer trusted them.

Then I noticed the management company had not disbursed the rental income to my account. So I call them and they state that since I had cancelled my contract, they would need to hold the rent money until they determined that I did not owe them money.

Then that same day, I get the email notice from my tenant.

Specifically that the lease was being terminated under the SCRA (Service Members Relief Act).[/quote]

Is the person going to service? If so, you probably should just let it go…If the guy/gal has a valid reason, maybe it’s just better to cut the person some slack….

Sounds like you had a really shitty management company.

[quote=paramount]There is a back story to all of this:

In early July I decided to terminate the management contract on my property; for a number of reasons but mainly b/c I no longer trusted them.

Then I noticed the management company had not disbursed the rental income to my account. So I call them and they state that since I had cancelled my contract, they would need to hold the rent money until they determined that I did not owe them money.

Then that same day, I get the email notice from my tenant.

Specifically that the lease was being terminated under the SCRA (Service Members Relief Act).[/quote]

Under the SCRA, the tenant needs to show you one of three things in order to legally “jump” his/her lease and not be liable for the remainder of it:

1. Permanent Change of Station (PCS) orders which show the (imminent) reporting date to the new duty station which is more than 50 miles from your rental unit.

2. A Form DD-214 showing the tenant has separated from the service and thus is losing his/her housing allowance and moving/retiring elsewhere.

3. A processed and accepted military housing voucher from a Navy/MC Family Housing Office showing the move-in date of a servicemember and his/her family who have been wait-listed.

If he/she can’t come up with any of these, you have the right to the unpaid rental proceeds. Handle everything professionally like the other posters mentioned and then send your servicemember a letter detailing the disposition of their security deposit (and check, if applicable). You can’t take unpaid forward rent out of it. Then file a small claim for the duration of the lease and serve it on him or his local command if he is still stationed there. Meanwhile, clean it up and advertise it for rent again. If you re-rent it to a qualified tenant before the expiration of the servicemember’s lease, then you won’t be able to collect “double rent” for the weeks/months your new tenant is in there. But don’t dismiss the small claim. Go into court and reduce it by the amount collected (and to be collected) by the new tenant (who might be paying less rent). The judge will send you both outside to try to settle the case.

paramount, the SCRA used to be referred to as the “Soldiers and Sailors Relief Act” (SSRA). I know it well, having owned rental units in the past which were in close proximity to NAVSTA SD (32nd St) for 8 yrs.

If you are happy with your tenant’s excuse without proof, want them to be compelled to leave the premises presentable and think you can re-rent it quickly, then I wish you the best of luck. The key is to get them out without leaving too much debris behind which will cost you to dump and hope they don’t damage anything costly to replace.

In landlord/tenant disputes like this, it is usually the landlord side that is more aware of the legal rights and responsibilities of each side of the contract, and can win the argument if it comes to a contest. In addition, the rental contract is usually tilted toward the landlord in ways the tenant may not even know about.
However, it is better to meet with the tenant, show them the lease, remind them of their obligations, possible future legal and credit problems they could be facing, and then come to a compromise agreement. This way they are far more likely to remove all their stuff, clean up the place, and hand over the keys (formal surrender of the premises). Helps to remind them that if they do all the right things, they may get some of their deposit back or forego damage to their credit. It all goes back to the written agreement that governs your relationship, an alien concept to many tenants.
To really insure you two are on the same page, put your new understanding down on paper, which is legally an ammendment to your contract. I always keep a tablet with carbon paper for such an occassion. If you are under 30, ask anyone over 50 what carbon paper is.