Jul 26 2008
Iraq-bound guards penalized for breaking lease!
Cross-post from Texas Fred’s:
MCKINNEY - A North Texas couple is getting ready for their second deployment overseas.
They’re leaving to serve their country but instead they’ve been served with fees from their landlord.
“It’s a job, we have to do it,” said Chris Horvath.
But they’re leaving with added stress, since they’ve been in a fight with their apartment complex - McKinney’s El Lago development.
The couple, both of whom are sergeants in the Texas National Guard, are soon headed to Iraq.
Full Story Here:
Iraq-bound guards penalized for breaking apartment lease
These are the names and addresses I have so far, there are some inquiries being made by a contact I have that IS in the apartment business. I do know this much, the TAA, Texas Apartment Association has a specific clause in their contract concerning military personnel and their transfers and activations, and that clause is in favor OF the troops.
I called El Lago Apartments and spoke to a person named Stephanie, and according to her the El Lago Apartments doesn’t operate under TAA leasing agreements. They would discuss the matter no further.
EL LAGO PARTNERS LTD
434 S EUCLID ST
ANAHEIM, CA 92802-1247
(714) 520-9432
owners of
El Lago Apartments
3400 CRAIG DR
MC KINNEY, 75070
(972) 569-6700
I am trying to pin down something on this El Lago Partners LTD, I might not be able to get it all until Monday, I have *feelers* out.
I will also be contacting the National Guard Bureau Public Affairs On Call, PAO email (703)-627-7273 and the office of Public Affairs email (703)-607-2584 on Monday.
I hope some of you will post this on your blogs and get involved, this type of thing can’t be allowed to happen to our troops. No matter how you feel about Bush and the war in Iraq, this isn’t about him, it’s about our TROOPS, and they have no choice but to follow orders and go when and where they are ordered..
Please, get involved…
Thank you Sam… This can’t be allowed to happen…
I lived there for a year. They charged us $400 when we left for damages that were already there when we moved in (except the fireplace…I admit, we didn’t clean out the fireplace when we left).
But this is illegal.
Under paragraph 23 of the TAA Lease Contract, the owner is required to allow you to move out early under certain circumstances. You may terminate your lease contract if you enlist or are drafted or commissioned into active service in the U.S. Armed Forces or are a member of the Armed Forces or reserves called to active duty AND are either:
(i) given change-of-station orders to permanently depart the local area;
(ii) deployed with a military unit or as an individual in support of a military unit for 90 days or more; or
(iii) relieved or released from active duty.
I hope it puts them out of business. That complex needs new management badly!
I just found a copy of my lease from El Lago, and section 60 of the lease states, verbatim:
You may terminate the Lease Contract if you enlist or are drafted or commissioned in the U.S. Armed Forces. You also may terminate the Lease Contract if: (1) you are (i) a member of the U.S. Armed Forces or reserves on active duty or (ii) a member of the National Guard called to active duty for more than 30 days in response to a national emergency declared by the President; and (2) you are either (i) given change-of-station orders to permanently depart the local area, (ii) deployed with a military unit for 90 days or more, or (iii) relieved or released from active duty. After you deliver to us your written termination notice, the Lease Contract will be terminated under this military clause 30 days after the date on which your next rental payment is due. You must furnish us a copy of your permanent change-of-station orders, call-up orders, or deployment orders or letter. Military permission for base housing doesn’t constitute a permanent change-of-station order. After your move out, we’ll return your security deposit, less lawful deductions. If you or your co-resident are a dependent of a servicemember covered by the Servicemembers Civil Relief Act who is entitled to terminate this Lease Contract pursuant to this Section, you may also terminate this Lease Contract under this paragraph. A co-resident who is not your spouse or dependent may similarly terminate this Lease Contract under this military clause. Unless you state otherwise in your Rental Application, you represent when signing this Lease Contract that: (1) you do not already have deployment or change-of-station orders; (2) you will not be retiring from the military during the Lease Contract term; and (3) the term of your enlistment or obligation will not end before the Lease Contract term ends. You waive all your rights to terminate if you misrepresent the facts in the proceeding sentence.
So…according to this, even if you receive orders, they can still charge you an extra month’s rent? That’s bullshit. If you want, I can scan this and send it to you.
This matter about El Lago Apartments is disgusting. Right now, where are our two so-called “patriotic” Republican Senators on this? Are they too busy “standing with our Veterans” - as their campaigns stated - to get involved here?
Another comment (Thank You) about the El Lago Apartment victims: Aren’t there any lawyers in Texas who know about the Soldiers and Sailors Relief Act, or are they so fearful of offending property owners that they withhold such information from these poor veterans?
From what I saw earlier today at Texas Fred’s it looked as if some help might be on the way by Monday. Hopefully the outcry and some legal involvement will convince these seemingly despicable property owners to do the right thing.