Posted on Oct 28, 2015
Deployments and breaking a lease contract under the provisions of the SCRA.
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I am in the Army and am leasing my house to another service member who is in the Air Force. My tenant notified me that he will be deploying and is breaking his lease, as covered in the Service Member’s Relief Act (SCRA). I was understanding of the situation and informed him that all I will require a formal notification and a copy of his orders (or letter from commander). He sent me his memo; however, it said that it his deployment was for 60 days or more. According to the SCRA, a deployment of 90 day is required. I informed my tenant and he turned around with another memo signed by the same E-5 stating the deployment was for more than 180 days. This seemed strange to me so I contacted the SJA. The SJA contact the commander of the 19th ASOS who said the deployment would be for greater that 180 days. I am inclined to believe them; however, I have been a member of companies where the commander told lies and was not entirely ethical when he thought he could not be implicated. My question is, how can I verify that the company commander is telling the truth about the deployment, or is it just his word against mine?
Posted 9 y ago
Responses: 4
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Whoa... might want to choose your battles here. First, let me say that I am NOT implying any wrong-doing by you, the other service-member, or their admin chief. But, you are a Warrant Officer. If your tenant is subordinate to you in rank, you may want to drop this altogether: You entered into this contract as a "landlord" and "tenant." A civilian judge will likely find in favor of the tenant --especially as the tenant provided the requisite documents to release them from the agreement. However, a military judge may not look favorably upon Warrant Officers who enter into contracts with subordinates. Just my $0.02.
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That is a very valid point; however, my tenant is an O3 and I was an E7 at the time. But you are right, just as MAJ Ballinger said, even if I were 100% right I would still loose. After further research, I am pleased to say I believe there is nothing unethical going on, and it's just unfortunate circumstances. Thank you very much for your honest input.
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Worth passing it by JAG and the IG for a method to avoid that (e.g., LLC). I'm sure you're not the first Service Member-landlord.
Worth passing it by JAG and the IG for a method to avoid that (e.g., LLC). I'm sure you're not the first Service Member-landlord.
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AR 600-20 4-14 has you covered
c. Certain types of personal relationships between officers and enlisted Soldiers, or NCOs and junior enlisted Soldiers, are prohibited. Prohibited relationships include the following:
(1) Ongoing business relationships between officers and enlisted personnel, or NCOs and junior enlisted Soldiers.
*****This prohibition does not apply to landlord/tenant relationships or to one-time transactions such as the sale of an automobile or house,***** but does apply to borrowing or lending money, commercial solicitation, and any other type of ongoing financial or business relationship. Business relationships between NCOs and junior enlisted Soldiers that exist at the time this policy becomes effective and that were authorized under previously existing rules and regulations, are exempt provided the individuals are not in the same unit or chain of command and the relationship does not meet the criteria listed in paragraph 4–14b(1 through 5). In the case of ARNG or U.S. Army Reserve personnel, this prohibition does not apply to relationships that exist due to their civilian occupation or employment.
AR 600-20 4-14 has you covered
c. Certain types of personal relationships between officers and enlisted Soldiers, or NCOs and junior enlisted Soldiers, are prohibited. Prohibited relationships include the following:
(1) Ongoing business relationships between officers and enlisted personnel, or NCOs and junior enlisted Soldiers.
*****This prohibition does not apply to landlord/tenant relationships or to one-time transactions such as the sale of an automobile or house,***** but does apply to borrowing or lending money, commercial solicitation, and any other type of ongoing financial or business relationship. Business relationships between NCOs and junior enlisted Soldiers that exist at the time this policy becomes effective and that were authorized under previously existing rules and regulations, are exempt provided the individuals are not in the same unit or chain of command and the relationship does not meet the criteria listed in paragraph 4–14b(1 through 5). In the case of ARNG or U.S. Army Reserve personnel, this prohibition does not apply to relationships that exist due to their civilian occupation or employment.
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Here are some people from 19 ASOS that might be able to assist you.
19th Air Support Operations Squadron | RallyPoint
19th Air Support Operations Squadron
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