Military Move-Outs – Policy and the Law

PCS MoveRE/MAX Infinity is proud to support and house a large number of our military men and women that get stationed in our area. One topic that comes up quite often is the exact Military Move-Out procedures. We follow the law and Florida Statutes, and will completely honor the Military Clause for all of our service members and their families.

For reference, the Florida Statutes regarding Military Move-Outs can be found at the following address:

Landlord Tenant Law: Florida Statutes 83.682

The most misunderstood and often confusing section of this for our tenants, is in reference to item (2) “The notice to the landlord must be accompanied by either a copy of the official military orders or a written verification signed by the servicemember’s commanding officer.” Unfortunately, due to the nature of training at Whiting Field and NAS Pensacola, servicemembers are not always given a 30 day notice prior to receiving their orders. By law, we are required to start the 30 day “clock” after we have received  the orders, or a letter from a commanding officer.

It is important to keep in mind that we cannot begin marketing the home, or start the move out process until either the orders or a letter have been received by our office. In the event we are able to re-lease the property before the 30 day notice has expired, then a prorated rent will be returned to the tenant based on the occupancy date of the new tenants.

We are also asked about Military family members, especially unmarried significant others. It is our company policy that if a servicemember receives orders, then all family members are also released from the obligations of the lease agreement. This means that wives/husbands, girlfriends/boyfriends, fiances, etc. will not be obligated to remain on the lease in the event of a PCS move. Please advise your leasing consultant of the relationship of all parties when signing the lease if you have any concerns regarding this. Roommates unfortunately are not able to be removed from the lease in the event of a PCS move.

Remember:

  • Military Orders or a letter from a Commanding Officer must be presented with the move-out notice in order to break a lease under the Military Clause.
  • Rent pro-rations will be given if we are able to place a tenant before the 30 day notice expires and the house in move in ready.
  • RE/MAX Infinity will allow all “Family” members, which includes significant others and children, to be released from the lease obligations when a PCS move occurs.
  • Roommates will be liable to the lease even if 1 or more other roommates receive orders to vacate.
  • All other move out guidelines must be followed in accordance with the lease agreement in order to receive the maximum deposit refund. (Move Out Guidelines and Notice)

 

Written by RE/MAX Infinity

Jason has been involved in Real Estate since 2005 where he quickly became a multi-million dollar producer within his first full year. He graduated from the Realtor Institute a few years later and then went on to achieve his Broker’s License in 2009. In 2008 he was asked to start up and lead the Property Management Department. He served on the Board of Directors as President for the local chapter of the National Association of Residential Property Managers for 2014 and is readily available to meet and speak with clients.

Written by RE/MAX Infinity

Jason has been involved in Real Estate since 2005 where he quickly became a multi-million dollar producer within his first full year. He graduated from the Realtor Institute a few years later and then went on to achieve his Broker’s License in 2009. In 2008 he was asked to start up and lead the Property Management Department. He served on the Board of Directors as President for the local chapter of the National Association of Residential Property Managers for 2014 and is readily available to meet and speak with clients.