Question on PCS orders and early termination of a rental contract

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Contributor

As we well know, military members are required to show orders if they need early termination of a rental contract.  My renters have left, the property management company is giving me the runaround on several issues regarding termination of the contract, and I have been waiting a whole week to see a copy of the tenant's orders. So far, nothing. The latest is this:  property management company claims that the licensed realtor handling my property was not given "a sufficient copy of the orders" by my tenant.  I should first say that I no longer believe a word these people say, but let's suppose for a moment that it's true.  How would an insufficient copy of military orders even exist?  Next they say that the realtor is "attempting to reach the tenant's CO and we are awaiting a sufficient copy of orders from them." Again, I don't believe a word of this, but just on the off chance you had to chase a copy of orders, is this how you'd do it?

The property is in Northern Virginia, very close to DC, with a large military population.  It can't be the realtor's first rodeo. I'm a surviving spouse (32 years in) and I've never heard of anything like this.

What  do you think?

Thanks!

3 REPLIES

Dear Tostig,

It seems to me that your property management company may have dropped the ball on acquiring the necessary documents. I looked up Virginia's rental and tenant laws and like you mentioned, your occupants needed to give you a copy of their orders and a 30 day notice.

 

 "Tenants who qualify to terminate a rental agreement pursuant to subsection A shall do so by serving on the landlord a written notice of termination to be effective on a date stated therein, such date to be not less than 30 days after the first date on which the next rental payment is due and payable after the date on which the written notice is given. The termination date shall be no more than 60 days prior to the date of departure necessary to comply with the official orders or any supplemental instructions for interim training or duty prior to the transfer. Prior to the termination date, the tenant shall furnish the landlord with a copy of the official notification of the orders or a signed letter, confirming the orders, from the tenant's commanding officer."

 

http://law.lis.virginia.gov/vacode/title55/chapter13.2/section55-248.21:1/

 

Can you reach out to your former tenants personally? They should be able to provide a copy for you. Or reach out to the legal office from the installation your tenants were attached to?

 

I hope more members chime in to give you first hand advice on how to handle the situation!

 

Thank you for commenting and good luck!

 

 

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Hi, Thanks so much for your response.  I've never had direct contact with my tenants because the PM company handled everything.  I do wonder why they don't just contact the tenant direct, and am even beginning to wonder if he is even in the military.  I have an attorney and I know my rights under the contract but my first choice is to attempt to resolve this directly with the PM company.   I'm not holding my breath.  I would like opinions from people who know on the explanation I've been given concerning orders.  It makes no sense to me; at this point I don't believe anything they tell me anyway.  I'd like to be able to respond to them with factual information.

 

Thank goodness for USAA and all its members!!

 

Thanks again.  I appreciate it. 

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It is possible they faked the orders to get out of the lease. I have heard of people doing that before. If they know someone in the ipac it is possible.