Military Clause

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rmatthys

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I have recently discovered my apartment complex from 2 years ago has filed me for collections. I was also digging through my filed paperwork immediately after hearing this news for I had my credit score checked and it is now to low to be able to file for a loan for my house.

My issue is, I have a letter from my commander which btw: there is a military clause in the contract and i shall type it as is:

23. MILITARY PERSONNEL CLAUSE. You may terminate the Lease Contract if you enlist or are drafted or commissioned and on active duty in the U.S. Armed Forces. You als 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 by the President; and

(2) you (i) receive orders for permanent change-of-station, (ii) receive orders to deploy with a military unit or as an individual in support of a military operation for 90 days or more, or (iii) are 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 military orders, such as permanent change-of-station orders, call-up orders, or deployment orders or written notification from your commanding officer.

There is more information and it gets into furture charges etc about cleaning services and the likes. well if you notice i also bolded a statement at the end of what i typed. I still have in my hands a letter from my commander saying that i am to be released from my lease, and they denied me. Not only did they deny my attempt, they also continued to charge me for 2 months longer worth of rent, I paid for 1 of the 2 months as it said for the next rent check, but after that I gave no heed to them and was looking for legal advice for this issue. Well one thing lead to another and it got pushed to the side and eventually forgotten in a hectic time of getting out of the military.

I am wondering what i can do to get this off my credit record. I am not concerned about anything else, I just want to move on with my life from this problem. As I said I still have the contract and the original signed letter from my commander saying I need out of the apartment. What can i do?
 
thanks a ton Gail, already started the process, I did some thinking, and is there any thing I can actually do to fire back at the apartment's management and maybe get some compensation. I came to the realization that this is going to severely affect me in the next few months. Since it's gonna cause me hardship maybe I shouldn't sit down so idlely and let them get away with this injustice.
 
Quite honestly, hiring an attorney to represent you would cost more than any compensation you might receive through a lawsuit.

Gail

P.S. I'm assuming that when you left the rental unit you provided them with this notification from your commanding officer, correct?
 
yes i did, they looked at it, and said it was not valid. I made a copy anyways, gave it to them, and what they did with it, I cannot say. If they threw it away, that's their issue not mine. I did everything I could to inform them. Also with my current job, I pay 8 bucks a month for a lawyer service through the company, so i don't have to hire an attorney through them. As soon as I get it all set up, it's going to take a month, but I can wait patiently for the service considering how cheap it's going to be.
 
Then yes, I would take advantage of the attorney services your company offers; at least sit down with one and decide if a lawsuit would be worth it. I suspect that the difficulty will be in determining just what your "damages" (since civil lawsuits are for monetary judgements) are.

Gail
 
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