Leasing office screwing me over..

[AD SUPT Hopeful]

I received my class letter to attend OTS 0405, 5 months before my apartment joint-lease runs out. I notified my leasing office of my intent to vacate and fulfilled all the requirements of their Military Clause in the leasing contract. No problem right? WRONG!

Now they're telling me that since it's a joint-lease, my roommate has to sign me off the lease. In other words, he has to give the thumbs up for me to vacate free of any obligation for rent.

And since my roommate is a total square, he's refusing to sign me off the lease. In essence, trying to hold me hostage to the lease.

Does this sound right? If not, what regs can I cite to prove to my leasing office that their full of ... ?

 

[Wiggums]

And since my roommate is a total square, he's refusing to sign me off the lease. In essence, trying to hold me hostage to the lease.

Yeah, no doubt he's thrilled that your skipping out and leaving him holding the bag for 100% of the rent for the last five months. I just had a roommate do this to me, agree share the rent on a place for six months and then disappear as soon as a better deal came along.

 

[Snoopy58]

Looks like there are 4 options here:
1. You depart, roommate keeps paying the same rent that he's been paying, and the apartment people get half the income from that apartment for 5 months, with no ability to rent it out for full price. Since this deal gives your roommate no incentive to find anybody to replce you & leaves the apartment owners in the lurch, I doubt they'll go for this one.

2. You depart, and your roommate signs the paperwork but pays twice as much as he's paying now (i.e. full price for the apartment). I can understand why he isn't volunteering for this option.

3. You find a replacement roommate who will move in about the time that you move out, and get agreement from your present roommate (to accept him) and the apartment (to let him accept the remainder of your lease). Apartment gets the full rent, and your (present) roommate's rent doesn't go up. This might work.

4. You depart & keep paying your half of the lease for the next 5 months.

Given that your only fallback if nobody agrees to options 1, 2, or 3 is option 4, it looks to me like you need to start looking for somebody who'll take over your share of the rent per option 3.

And no, I don't think the military clause will help you out here, except perhaps as some leverage to facilitate swapping a new leasee (i.e. new roommate) in for yourself when they might not have to do so otherwise. It certainly isn't going to force the apartment to accept option 1 above. That wouldn't be at all fair to the apartment management. (Suppose 4 guys share a large apartment, and 3 of them get orders, now the last guy has the whole place for 1/4 the normal rent... not what the Soldiers & Sailors Civil Relief Act had in mind, I'm sure.)

Good luck finding your roommate's new roommate.

 

[SATCFI]

Are you active duty now? If so run this by the legal office. I think you are free to move out based on the military clause. Your roommate will have to either vacate or pay the full rent.

 

[AlbieF15]

Wiggums,

I don't think going to UPT, serving your country, and chasing your dreams is exactly "skipping out" on the next better deal. Instead, it sounds like the opportunity of a lifetime. What would you tell this kid to do? Pass up UPT until his lease runs out? YGTBSM!

AD Hopeful,

If you had to "eat" the cost of 5 months rent but show up at UPT without anything haunting you allowing you to concentrate on FLYING and doing your best, its still a bargain. However...in these days of terror alerts, Flag drapped coffins on the news daily, and the general state of the world, I can't help but believe that a call to a local recruiter/base legal office/JAG might not give you the ammo you need to follow SATCFI's advice. At the very least, a courteous phone call from a local military lawyer might be all it takes to adjust your landlord's attitude.

Failing that...pay the b@stards, but then send a letter to the local chamber of commerce, VFW, local paper, and other media outlets describing how even though you are going off to learn to serve your country (and you are...) a local merchant has decided to stick it to you anyway. The bad press (or threat thereof) may be enough to at least get a credit on some of the rent.

Geez....today's UPT student pilot is going to be 2005's combat ready wingman or airlift/tanker copilot. I'm just thankful we got guys with enough game to go give it a shot! Good luck to you and maybe I'll see you in an Eagle down the road (or in a Viper on a DACT deployment!), or maybe be taking some gas from your boom. Please don't let a couple grand distract you from accomplishing your goals.

 

[Wiggums]

I don't think going to UPT, serving your country, and chasing your dreams is exactly "skipping out" on the next better deal. Instead, it sounds like the opportunity of a lifetime. What would you tell this kid to do? Pass up UPT until his lease runs out? YGTBSM!

No, but the guy is going to be an Officer in the US Military. Shouldn't his word mean something? He made an agreement with his rooommate, and shouldn't expect the roommate to take on his share of the rent for five months.

It sounds like the lease contract is being enforced fairly. The roommate has rights and cannot just be kicked out onto the street with a signed lease, and there is no way the landlord will accept (or can afford) half rent for five months. There is another option, typically most leases can be bought out for around two months rent. The OP should figure out which is cheaper, buying out the lease or paying the roommate his share of the future rent in order for the roommate to release him.

 

[Tweetdrvr]

Wiggums

The OTS process is not like going down and enlisting. It takes several months especially when one is going for a flight training spot. I am sure that AD's roommate knew that AD was pursuing a military career when they moved in together. If AD was forthcoming and told him he was trying to do this, then the advice Albie gave seems to be the way to go. I am not advocating AD to leave his roomie holding the bag, but it seems like his roomie is being lazy and doesn't want to either move or help find a new room mate to share the expenses. What was this person gonna if AD had not gotten an OTS date until the expiration of the original lease? My bet is he would whine about having to move or finding a new roomie. Maybe he should live alone in a place he can afford.

 

[BMD]

beat it

Move your sh!t out while the square is at bible study and beat feet. He'll never be able to track you down while you're in lock down at OTS. BMD

 

[Hagar17]

Re: beat it

Move your sh!t out while the square is at bible study and beat feet. He'll never be able to track you down while you're in lock down at OTS. BMD

D@mn, I giggled like a little girl when I read that. The dude in the next office ran in to see what was the matter.

Thanks for the laugh. Hag

 

[AD SUPT Hopeful]

My roommate has known for years of my intent to join the Air Force. I have offered three roommates to take my place and he's declined every one of them. I'm beyond the negotiating phase now.

I finally found the number for the legal office at Moody AFB (closest base to Jacksonville), and will contact them tomorrow for the specifics.

As always, thanks all for the words of wisdom.

AD

 

[srjorion]

If you live in Jacksonville then I can't imagine why in the world that apartment complex would ever want to mess with the military clause, even if they are legally correct. With the large military population there they are risking too much to start ticking off the military. You are definitely going down the correct road by getting legal involved.

 

[Wiggums]

Well with the rest of the story it does sound like your roommate is giving you the shaft. Here is where I think your going to have a problem. Your roommate has a signed lease and they can't just kick him out of the apartment if he won't agree to it. I don't think the complex is out to get military people, but they can't break the law either.

 

[Tweetdrvr]

AD

You are probably not going to make much progress this week or next. Everything is pretty much shutdown for the non flyers in the Air Force due to the Christmas break. Offices are doing what they call min-manning for the holidays. I would not count on reaching someone able to give you any advice until Monday 5, January. Good Luck.

Send your roomie something in German or Japanese and ask him to read it. Then remind him why he doesn't have to read either of these languages versus good old American English.

 

[rainman_02]

This is why I do not have a roommate to "save" some money from my BAH. I don't want to be in one of these situations.


AD,

You should be able to move out without penalty. I wholeheartedly agree with the "contact the base housing/JAG/etc" offices after the holidays. And make sure if the apartment complex continues to stick you and your roommate won't see reason that you do let people know.

Kinda like Target (I think it is) that fired some Guard dudes for getting called up and sent to the desert for a few months.

 

[Hugh Jorgan]

Sounds like you have been more than reasonable here. Can't say the same about your roomie, especially considering the fact that you have even found 3 different roommates for him. Split and make sure you leave a fresh steamer in his terlet on the way out.

 

[BMD]

terlet

Make it an upper decker.

 

[Hagar17]

Say Cheese!!

A week after you move out, mail him a poloroid of his toothbrush situated in your crackus.......

Doesn't have to be HIS toothbrush, just one that looks like his.

Or not................

 

[fastbird]

Screw the room mate. Drop a copy of your orders on their desk and say SEE YA!

Then, send the roomie the tooth brush pix as stated earlier.

Also, check out the Soldier's and Sailor's relief act, it's getting updated. Breaking apartment leases is about to become law for any tour over 90 days.

 

[stadik_kling]

Do what you gotta do, but take the high road. Remember, you will be an officer in the US Military.

 

[AD SUPT Hopeful]

Finally spoke with the Legal Assistance office at Moody. As I suspected, the Military Clause (releasing military members of financial obligation) applies regardless of the type of lease (joint/single).

Thanks for all the advice and... creative input; I've seen some upper deckers that will really make ya think--I may have to look into doing one for old times sake.