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View Full Version : Landlord trying to screw me.



derikdrock1989
12-29-09, 02:20 PM
Ok i need some advice on this. In May i entered the dep. In june i signed a year lease with my girlfriend knowing that i was leaving in January but i didnt tell the landlord that i was a poolee leaving in January since i "thought" i was covered under the service man act. Well i called him in November and told him that i was moving out and that i had joined the Marine Corps and that my girlfriend didnt feel safe living there by herself. He gave me no fight at all and said to be out by the first etc etc. Then i called him today and he tells me he isnt giving me the deposit back that i was depending on. He says that he was very clear that he wanted a year lease and that i broke it with only 6 months in and that if i hadnt had given him a notice and didnt clean the place as good as i did he would be taking me to court, that hes loosing money this time of the year etc etc and that if i argue with him he will take me to court. Now i thought that i was under the service man act and that i could get my deposit back. The apartment that i lived in before when i gave them a copy of my orders that my recruiter printed out to me they let me get out of the lease a year early AND gave me the deposit back in full. So what should i do? Should i cut my losses and just hope that i have enough money left over for my girlfriend to cover the bills or put up a fight for the money and risk being in the wrong and go to court? Advice will be appreciated. Thanks Marines.

NoRemorse
12-29-09, 02:32 PM
You'll need a duty expert from SC or you can google up lease agreements and tenant's rights in SC.

Read the lease agreement itself and see if the deposit is a damage deposit on the property. If it is then he has no right to keep it unless he can establish that you caused damage to the apartment. Failing that he can most likely deduct from the deposit to pay for cleaning to place of local law allows it.

I don't think he has the legal backing to sue you for breaking the lease under the Soldiers and Sailor's Relief Act. Get the gouge from a local source before you go off on anything we say on here.

NoRemorse
12-29-09, 02:35 PM
Hold on, you signed with your girlfriend? If you're backing out of the lease and her name's on it she's still most likely liable.

derikdrock1989
12-29-09, 02:35 PM
This couldnt have come in a worse time. Im leaving for PI Sunday. So i dont really have the time or knowledge to handle this.

NoRemorse
12-29-09, 02:37 PM
You're probably going to have to sit on this and take the loss.

If her name was on the lease and you backed out and he's not suing then she barely dodged the bullet.

derikdrock1989
12-29-09, 02:37 PM
Yeh it looks like im gonna have to bend over and take this one.

NoRemorse
12-29-09, 02:40 PM
Make sure he gets a copy of your orders to report to the Island or a letter from your Recruiter if you haven't done so already.

You are covered in case of a lease termination. You'd have to establish that she was your dependent in order for her to be covered as well.

You'd have to sue him in court and win to get that deposit back.

derikdrock1989
12-29-09, 02:42 PM
I mailed him copy of my orders whenever i told him. So i guess hes being more fair than i suspect. He said "Im being decent and not ruining yours and hers credit".

NoRemorse
12-29-09, 02:43 PM
HE's trying to feed his own ego.

You're covered under the SCRA. Google "lease termination under the SCRA" for more scoop.

As for your current situation with your girl. Figure it out.

Wyoming
12-29-09, 03:23 PM
Ok i need some advice on this. In May i entered the dep. In june i signed a year lease with my girlfriend knowing that i was leaving in January but i didnt tell the landlord that i was a poolee leaving in January since i "thought" i was covered under the service man act. Well i called him in November and told him that i was moving out and that i had joined the Marine Corps and that my girlfriend didnt feel safe living there by herself. He gave me no fight at all and said to be out by the first etc etc. Then i called him today and he tells me he isnt giving me the deposit back that i was depending on. He says that he was very clear that he wanted a year lease and that i broke it with only 6 months in and that if i hadnt had given him a notice and didnt clean the place as good as i did he would be taking me to court, that hes loosing money this time of the year etc etc and that if i argue with him he will take me to court. Now i thought that i was under the service man act and that i could get my deposit back. The apartment that i lived in before when i gave them a copy of my orders that my recruiter printed out to me they let me get out of the lease a year early AND gave me the deposit back in full. So what should i do? Should i cut my losses and just hope that i have enough money left over for my girlfriend to cover the bills or put up a fight for the money and risk being in the wrong and go to court? Advice will be appreciated. Thanks Marines.

You had one lease, and you got out a year early, got your deposit back, because you gave them a copy of your orders? What orders?

... then, you signed another lease, for a year, and broke it after 6 months.

The orders bit confuses the hell out of me.

Totally confused.





BTW, PM the name and phone number of your GF and I'll have her give me the story, and also console her until you get back.

SGT7477
12-29-09, 05:08 PM
You had one lease, and you got out a year early, got your deposit back, because you gave them a copy of your orders? What orders?

... then, you signed another lease, for a year, and broke it after 6 months.

The orders bit confuses the hell out of me.

Totally confused.





BTW, PM the name and phone number of your GF and I'll have her give me the story, and also console her until you get back.Marines will always take care of Jody, no need to worry.:D

Phantom Blooper
12-29-09, 08:45 PM
A befitting title to this thread with the key word being screwed.

Looks like to me more than once.

Like old Mr. Fred Rogers said,"Can you say screwed boys and girls?"

"Good job...soon we will be neighbors!"


:evilgrin:

SlingerDun
12-29-09, 09:24 PM
You need out of the contract and you want your deposit back!http://www.leatherneck.com/forums/images/icons/icon6.gif Whats in it for the property owner whom i will assume has honored his end of the deal? For future references: when terms of a lease are agreed upon and broken before being fulfilled, there tends to be consequences and penalty's.

--->Dave

Lisa 23
12-29-09, 09:35 PM
In my opinion, I don't see how you're getting screwed by the landlord being that you already knew before you agreed to the lease, that you wouldn't be able to honor the terms of the lease in the first place. You should be lucky that the landlord isn't going to make you pay for the remainder of the months on the lease.
Like SlingerDun said....when terms of a lease are agreed upon and broken before being fulfilled, there tends to be consequences and penalties.

ghost3000
12-29-09, 11:35 PM
In my opinion, I don't see how you're getting screwed by the landlord being that you already knew before you agreed to the lease, that you wouldn't be able to honor the terms of the lease in the first place. You should be lucky that the landlord isn't going to make you pay for the remainder of the months on the lease.
Like SlingerDun said....when terms of a lease are agreed upon and broken before being fulfilled, there tends to be consequences and penalties.

Actually it is illegal.

(h) PENALTIES-


(1) MISDEMEANOR- 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.

brian0351
12-30-09, 12:11 AM
Actually it is illegal.

(h) PENALTIES-


(1) MISDEMEANOR- 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.

Yes...but he's NOT a service member...he's a poolie and from what I understand doesn't fall under the same stipulations as an Active Duty service member.

As for the SCRA: "Servicemembers Civil Relief Act,” new legislation to help ease the economic and legal burdens on military personnel called to active duty status in Operation Iraqi Freedom.

You are not being called to Active Duty. You are going to boot camp and will be considered in a "Training Status". I went through the same thing when I "volunteered" for a second stint through SOI during the 2003 invasion for my reserve unit.

The OP should have done a little more research before believing that he has the same privileges as a serving Armed Forces Member.

MLMonk
12-30-09, 12:58 AM
Yes...but he's NOT a service member...he's a poolie and from what I understand doesn't fall under the same stipulations as an Active Duty service member.

As for the SCRA: "Servicemembers Civil Relief Act,” new legislation to help ease the economic and legal burdens on military personnel called to active duty status in Operation Iraqi Freedom.

You are not being called to Active Duty. You are going to boot camp and will be considered in a "Training Status". I went through the same thing when I "volunteered" for a second stint through SOI during the 2003 invasion for my reserve unit.

The OP should have done a little more research before believing that he has the same privileges as a serving Armed Forces Member.

This should be true, considering he still has no obligation to the Marine Corps other then an integrity kind of thing saying he will go to bootcamp on time given and earn the title of Marine.

NoRemorse
12-30-09, 07:29 AM
This should be true, considering he still has no obligation to the Marine Corps other then an integrity kind of thing saying he will go to bootcamp on time given and earn the title of Marine.

Yeah, he doesn't have orders yet so he's got nothing.

I'm sure the court would at least consider the spirit of the Act but he's going to have to sit on this loss at this point, period.

Lisa 23
12-30-09, 09:29 AM
Yes...but he's NOT a service member...he's a poolie and from what I understand doesn't fall under the same stipulations as an Active Duty service member.

As for the SCRA: "Servicemembers Civil Relief Act,” new legislation to help ease the economic and legal burdens on military personnel called to active duty status in Operation Iraqi Freedom.

You are not being called to Active Duty. You are going to boot camp and will be considered in a "Training Status". I went through the same thing when I "volunteered" for a second stint through SOI during the 2003 invasion for my reserve unit.

The OP should have done a little more research before believing that he has the same privileges as a serving Armed Forces Member.

Exactly!
This young man knowingly agreed to the lease of 1 year knowing that he wouldn't be able to honor the terms of the lease and is breaking it. Maybe if he was honest with the landlord from the beginning, he could have gotten the landlord to agree on maybe a month by month lease or even a 6 month lease.
And besides, he broke a lease agreement not just once, but twice. Got out of it the first time, but not the second time.

derikdrock1989
12-30-09, 10:00 AM
Thanks Ghost, but the problem would end up being me having to proove that my girlfriend is my dependent and that would probably take me to court. I woke up this morning and realized that 750 might be a decent amount of money but it isnt the end of the world. Hell im about to start my transformation into a different person in 5 days. Money shouldnt mean **** to me right now.

Old Marine
12-30-09, 10:30 AM
The wife and I, having worked in the housing management field after my retirement from the Corps have heard every story that there is to tell from residents who rent apartments. There are many reasons why this poolee needs to forget what he thinks should be coming back to him. If you signed a lease and she signed a lease, he/she is responsi ble for everything the lease says, including the fine print.