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General Property Management
Military Landlord right to break lease
R
Robert T
started a topic
almost 16 years ago
My question is: is there a military clause that can be added to the lease to allow the landlord to break the lease in the event the landlord, an active duty military member, needs to return to the home he/she is renting early due to unexpected change of duty orders? I know we can do this routinely for military renters, but what about military landlords? Thanks!
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J
JoAnn V
said
almost 16 years ago
Hi from NC. Unless you have specifically put that in the lease, the owner will have to wait and honor the terms of the lease agreement again unless you have made other lease provisions. The tenant has the right to fulfill the lease term no matter what the owners situation is.
J
JoAnn V
said
almost 16 years ago
By the way, my firm is located in Jacksonville, NC, home of Camp Lejeune Military Base, New River Air Station and a few others.
R
Robert T
said
almost 16 years ago
Thank you, I guess I may have to try and add that in... not sure how, but something like the military clause for renters...
J
JoAnn V
said
almost 16 years ago
Hi Robert! You could just add a line in there stating that if the homeowner is active duty military and receives orders to return to place of property location that they will give the tenant a 30 day notice to vacate along with proof of those orders. Just as they would do for you, you need to do for them.
R
Robert T
said
almost 16 years ago
Perfect, that answers my question spot-on, many thanks. I don't know that I would do that, as I do not want to put people out that are good renters, but it at least gives me the option, especially if they are NOT good renters... but hopefully they willbe! Blessings, Bob
D
Denise S
said
almost 16 years ago
I would add that in the lease as an extra "In the event the landlord must re-take the leased premises; upon giving the tenant XX days prior notice; tenant must vacate the premises." You could even have your tenant initial or sign next ot it for extra security.
R
Robert T
said
almost 16 years ago
Super, thx very much!!!
J
JoAnn V
said
almost 16 years ago
I AWLAYS have my tenants intitial everything AND sign a form stating that they have read and we have discussed and they UNDERSTAND the terms of the agreement. It has saved me many times in court! Some magistrates even know now when I end up in court that I have an iron clad case already because I hate wasting time! I always hilight my paperwork for the magistrate to review quickly! Blessings to you!
R
Robert T
said
almost 16 years ago
Wow! Also great advice, many thanks! Bob
A
Amanda H
said
over 12 years ago
What if they refuse to sign the clause?
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