Does anyone have experience with the Service Member’s Civil Relief Act in Florida?
We honor the SMCR/military clause as we are big military area - our property only requires a 30-day notice and a copy of their orders in order to break their lease and have never had an issue - but we have been stumped by this one.
We received a 30 day notice with orders of separation from the military with a separation date of May 31, 2025
Never have we received orders this far in advance and it just seems ridiculous.
Looking for personal experience in this situation because the online information we are seeing does not clarify how far in advance their orders have to be.
I live in a military town also so I have a ton of experience. The biggest thing is to ask them WHY they are leaving so early, many soldiers have quite a bit of leave time saved up (sometimes up to 90 days) so they’ll a really long terminal leave period. The military also offers some intern programs to soldiers getting out that will last several months as well at times. It COULD be that this person is doing an internship AND has a lot of terminal leave, in which case I usually just request additional documents. There will always be paperwork involved if there’s a legitimate reason for them leaving 1 year before they get out.
Megan Gerhardt thank you! This was very helpful!
Do you by chance know what our rights are as landlords if the tenant does not want to provide reasoning or additional documentation?
Well, while there isn’t necessarily black and white about this, there are stipulations about entering into a lease agreement if you know you will be there less than 90 days, if you enter into a lease knowing your contract will end during your tenancy etc. So unless this individual wants to potentially open himself up to speculation, they should provide it with no troubles. Typically someone who has served 20+ years knows this also! Also, service members cannot enter into a new contract if they are already under orders, so it’s not like they could break their lease at your community and then go to a different one for their remaining time. Chances are there’s a legitimate reason for them to be leaving earlier and they should really have no issue supplying that documentation!