Comments on: Servicemembers Civil Relief Act – Military Members Can Receive Reduced Interest Rates

By: Ryan Guina

Ryan Guina — Thu, 05 Apr 2012 19:31:35 +0000

Drew,

This is a tricky situation, and will likely boil down to how your PCS orders are interpreted. I recommend contacting your base legal office or JAG office to see if they can assist you with this matter. They will be able to review you lease contract and your PCS orders and give you the best course of action.

Best of luck, and thanks for your service!

By: Drew

Drew — Thu, 05 Apr 2012 17:28:17 +0000

Hello Ryan,

My landlord is withholding our security depost because we terminated our rental agreement. We gave the proper written notice and supplied him with all of the PCS paperwork. However, he is saying that because on the PCS forms it states in section (b)”you are not authorized shipment of household goods and relocation of family members” that we are not covered by the SCRA. He also talked to my boss whose phone number was on the PCS paperwork who told him that we are choosing to move, and that terminating our lease is optional because I was relocated only 35 miles away. It seems like this is false and that I should be covered by the SCRA and allowed to terminate my lease due to PCS therefore getting my security deposit back. Our landlord isn’t charging us for unpaid rent but said that our rental agreement clearly states that termination of the lease before the term is us up will forfeit our security deposit. Do you know the answer to this?

Thank you,
Drew

By: Marissa

Marissa — Tue, 27 Mar 2012 05:12:33 +0000

Yeah I talked to our landlord and she said unless it states PCS orders that we have to pay over 2 grand for the remainder of our lease. I asked her what she did with military members who were retiring and returning to her home of record but she said it didn’t matter. I didn’t think it was fair at all because a active duty member should not be confined to a state due to an apartment lease, especially if the active duty member completed the terms of his contract with the military. My husband and I are originally from Hawaii but our home of record is Alaska. There are no jobs here where we are at so we need to move where we can get steady income. Especially having three little ones to take care of. I talked to another tenant who was a JAG officer and she said that we can get our orders to state PCS/ETS but not sure who we talk to for that. I just hope we don’t get stuck here in this state…we need some place warm. lol

By: Ryan Guina

Ryan Guina — Tue, 27 Mar 2012 03:38:45 +0000

Marissa, to be honest, I don’t have a clear answer for you. I would think that the lease you signed is designed to protect both parties in the event you are required to move for a PCS or deployment, but an ETS doesn’t fall into that situation. Your best bet may be to contact your base legal department for clarification. You can also try contacting your landlord and asking him/her if you can come up with a solution that works for everyone. Some people are willing to work with you if you give them enough notice. Best of luck.

By: Marissa

Marissa — Tue, 27 Mar 2012 02:53:07 +0000

Hey Ryan…I found this very informative. I know you said that even if the lease does not have a military clause, we are still protected under this act but what if our lease does have a military clause but it states that the active duty member can only break the lease on PCS or deployment order but not on ETS orders? Our landlord said that if our orders do not say PCS that we are responsible for the remainder of our lease but we don’t plan on staying here when my husband ETS’. Our we still covered by this act with ETS orders?

By: miguel carmona

miguel carmona — Wed, 28 Dec 2011 16:48:26 +0000

or go to your local VFW american legion post and ask for assistance. online look for veterans assistance grant application …the grant is for $1000.00 dd 214 and military id will be needed. at least in the state of texas. not sure on your state. hope this helps others also.

By: miguel carmona

miguel carmona — Wed, 28 Dec 2011 16:45:31 +0000

to candace dec 8 2011 posting. …. contact lender, advise of situation, request assistance for a 2month deferment or even a 3month deferement.

By: Ryan Guina

Ryan Guina — Mon, 19 Dec 2011 22:31:36 +0000

Candace,

My recommendation is to contact your lender and let them know the full situation – what is happening and why. Many lenders are understanding when they know they will get their money.

You can also talk to them about reducing your interest rate if it is above 6%.

The most important thing you can do right now to avoid a repo is to open the lines of communication.

By: Candace

Candace — Thu, 08 Dec 2011 19:53:16 +0000

My husband went into basic training on the 31st of October. By the time he got the first half check we were two payments behind on our vehicle payment. Now we are four payments behind waiting on a bank loan and another full check to get caught up. They are threatening to have my vehicle repoed due to not being able to pay a full 200.00 payment. What can I do? Is there anything that protects us from this happening?

By: thomas

thomas — Wed, 09 Nov 2011 03:33:28 +0000

I am supposed to deploy to afganistan in january, and from what i have read the only way to get out of my car lease is only if your orders are for 180 days or more. Is this a true statement because i know in some cases your orders will say 179 days for a 6 month deployment. Thank your for your help.