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Thread: Stupid policy

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    #1

    Stupid policy

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    Last month we gave our rental company 30 days notice on the 13th. It was more than 30 days notice. So this month I go to pay our rent and expect it to be prorated for the time that we won't be there. But it's not. I call the rental company and I get told that the 30 days doesn't start til the last day of the month. So we have to pay rent for the entire month of June. I'm pissed. So is DH. I have never heard of that before, it's not something I've ever encountered, so it's not something I specifically looked for in the lease or asked about. DH thinks the military clause should protect us from it. I don't want to have to pay for a period of time we won't be living in the house, or have to be responsible for the house when we won't even be in the same state.

    I'm just mad
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    #2
    That's frustrating but for what it's worth, I think the military clause usually allows for breaking a lease 30 days after the next monthly rent payment (assuming written notice and official orders). If you had given the notification of intent to terminate the lease before the end of April, they may have prorated your days in June (not sure just how I'm interpreting). Also, you should be able to have your lease terminated when you leave and you can collect your deposit, you will just end up having to pay through the month. DB went through this once but he was super late being issued the orders and he ended up having to pay for more than an extra month because of the late notification. We definitely don't have a ton of experience with this. It was annoying but sometimes there is nothing that can be done. Good luck on the move!
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    #3
    So much will depend how your lease is written.

    In Texas is states something like,  Termination of a lease under the Military clause section is effective:

    (1) in the case of a lease that provides for monthly payment of rent, on the 30th day after the first date on which the next rental payment is due after the date on which the notice under Subsection (c)(1) is delivered;  or

    (2) in the case of a lease other than a lease described by Subdivision (1), on the last day of the month following the month in which the notice under Subsection (c)(1) is delivered.

    https://codes.findlaw.com/tx/propert...ct-92-017.html
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    #4
    That's typical. Most leases use the calendar month.
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    #5
    This is actually how the military clause works. Basically, it's 30 days from the next rental due date after you give notice. So this isn't your landlord's policy; it's the way the program works and the way most landlords enforce it, although some smaller landlords may just accept 30 days either because they aren't familiar with the policy or they are being nice.

    Article here.

    Also, your locations doesn't matter, nor does it matter if you have a military clause in the lease. This is federal law and applies unless you specifically waive the right, and it applies in every state.

    Know that the timing can be tricky. Your termination becomes effective 30 days after the next rental payment is due. That means that if your rent is due on the first of the month, and you deliver your notice on March 7, the termination date will be April 30th.
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    #6
    Yes, this is typical.
    I've never heard of ending a lease mid month, only with military housing. Not to say it doesn't happen, I have just not heard of it.

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    #7
    I was informed of it when I talked to Navy legal when I broke our apartment lease because DH deployed. I ended up having to wait until the next month because I notified the landlord on the 2nd, not the 1st, of a 31 day month. It's definitely annoying to have to wait and have to pay for something unexpectedly.
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    #8
    Yeah I've talked to quite a few people and they all said that's normal. But I've never encountered it, so it's not normal to me. I guess we've just gotten lucky in the past. It's really not a huge amount, but still mad about it.

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