I thought they had to give it back due to the Service member's relief act, but they are saying they can't penalize us, but they don't have to refund the deposit. Is this true?
2007-06-13 11:59:04 · 14 answers · asked by dolphincutie 3 in Politics & Government ➔ Military
Obviously, I meant our apartment's are refusing to refund our deposit.
2007-06-13 14:22:21 · update #1
actually you are correct, the law is they cannot penalize which means they cannot keep your deposit. make sure you get his recruiter involved and ask him/her what the law is. you will probably have to provide documentation and you can also consult an attorney if necessary.
2007-06-13 12:07:31 · answer #1 · answered by ?! 6 · 2⤊ 0⤋
They can't charge you anything above your deposit, such as an early termination fee. But since you are terminating prior to the end of the lease they can keep your deposit if you don't find someone to sublease the apartment for the remainder of the lease term. That way they are not losing as much money for an apartment being empty that was supposed to be rented.
Service members' relief act is technically for soldiers who are activated from the Guard and Reserve or drafted (back in the day that that was going on). Some businesses have extended it to soldiers who are being deployed, even if they are full time active duty. But in the case of your husband enlisting, that was his choice and so by extension the termination of the lease is by choice. They may not be legally bound by the Relief Act, so take what you can get and be happy. In the future, if you rent housing off post, the base housing office will provide you a copy of a lease to take to your landlord that has a military clause in it that says you can terminate your leaseif your husband gets orders to a new base.
2007-06-13 13:24:35 · answer #2 · answered by ritzysmom 3 · 0⤊ 1⤋
I would read the lease, what is the purpose of the deposit? Is it there to ensure that you don't trash the apartment? I'd say you are due the money back myself (as look as the reason for the deposit is secure)
Find out if there is someone in the military support system that can help you with this. Like some kind of military legal aid?
2007-06-13 12:07:52 · answer #3 · answered by Anonymous · 0⤊ 0⤋
regrettably, he signed a settlement for those 3-4 months that he's in charge for whether he moved out. merely like all different settlement. the owner replaced into ideal to enforce the hire. If he hung directly to the deposit as nicely, there could have been cleansing themes and harm. you're able to desire to have won an itemized record of the fees against the deposit interior of 30 days. of course a decide agreed with the accounting, so, no, there's no longer something to do yet pay it. The judgement would be on your credit additionally. So it particularly is on your ultimate interest to pay it.
2016-10-07 11:20:01 · answer #4 · answered by ? 4 · 0⤊ 0⤋
The community has to Refund you the "refundable deposit". Check your lease and read to see if it was a refundable deposit or if it was non-refundable or worded to the like.
If the deposit is considered refundable in your lease agreement, then they should refund you all of that deposit less cleaning expenses if any. If they choose not to refund your deposit contact a local rental advocate organization, even your Husband's recruiter may have leads to help you get your refund back. After all apartment communities are really intimitadated by a threat of a law suit or to be hassled.
Good luck to the both of you with your Husband joining the military. Just be sure that both you and him understand that Vice President Chenney was the CEO of Haliburton after his term with Sr. Bush, with no previous business experience. Haliburton is one of the wars biggest subcontractors and many government and ex-government officials and their friends are making huge profits from. After all you and your family will never see any retirements or disability coverage that is sustainable to a family in the 21st century.
Blessed are those souls who are out their with Fighting for Our Freedom in their hearts.
2007-06-13 12:13:57 · answer #5 · answered by Jose S 1 · 0⤊ 1⤋
Huh? It sounds like you have a good landlord if you're getting a refund. Security deposits are a racket and a rip-off. It's free money to the slum lords. And apartment managers wonder why people would rather buy a home.
2007-06-13 12:19:31 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Check your lease; it should have a clause dealing with military transfers. If your husband wasn't in the Air Force when the lease was signed, however, it may not be applicable.
2007-06-13 13:50:27 · answer #7 · answered by Anonymous · 0⤊ 0⤋
According to federal law, they must return your deposit, it is clearly spelled out in the Servicemen's Relief Act. I encourage you to go to your local SJA or JAG office and get a copy of the Servicemen's Relief Act to present to your property manager.
2007-06-13 12:32:32 · answer #8 · answered by dr_law2003 3 · 1⤊ 0⤋
Temporarily open you’re Apartment to returning US vets of the Iraq/etc War（s） for free while advertising for help to take-over or end that lease。
2007-06-13 12:26:36 · answer #9 · answered by Anonymous · 1⤊ 1⤋
yes that is true. they cannot charge you for breaking the lease, but your deposit is forfeit, especially if you do not have a military clause in the lease to begin with. In fact, technically, they do not even have to let you out of it..only your spouse.
2007-06-13 16:40:40 · answer #10 · answered by Mrsjvb 7 · 0⤊ 2⤋