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Legal takes on avoiding moving missteps

  • Published
  • By Lt. Col. Julie Rutherford
  • 325th Staff Judge Advocate
TYNDALL AIR FORCE BASE, Fla. --  After nearly three years at Tyndall, I have been given orders and will be partaking in a permanent change of station to the Pentagon this summer.

I will miss the beaches and the roar of the F-22 Raptors. It will be hard to adjust to colder weather and Beltway traffic, but I look forward to this new opportunity.

As I begin to plan my move, I realize I find myself in a situation that many Airmen are in: I am going to have to sign a new lease. Signing a new lease may seem like just another box to check when you are about to move. However, there are some potential pitfalls that can happen moving into a new apartment or house.

Perhaps one of the biggest things to look for in a lease is the military clause.

The military clause is a contractual agreement to the law that if you are going through a permanent change of station or deploying you can get out of the lease.

You may be wondering: if it is part of the law and Service members Civil Relief Act protections why do I have to include it? Your landlord may not be aware of the law; and educating a landlord early on can ensure you get your security deposit back in a timely manner. It can potentially even prevent having to go to court to get your deposit back. Plus if the law changes, which they tend to, you are still protected.

I also want to remind everyone: never waive your SCRA rights or other military protections.

Another big issue with moving into a new apartment is protecting yourself when you move out. Note and have the landlord sign off on all scratches, holes and broken items before you move in. That way you can avoid having to pay for damages you didn't cause. I have also found it is useful to take pictures of damages and e-mail it to the landlord before you move in. That way there is a time-stamped record that the damages occurred before you moved in.

If you are having trouble with your apartment, make sure to not only call, but e-mail the landlord. If that doesn't work send your landlord a certified letter stating the issues. You have to create a record that you tried to get the problem fixed before taking more drastic measure like withholding rent or moving out.

In Florida, landlords must return security deposits within 15 days. Be sure to notify your landlord of this if you haven't received your security deposit after 10 days of moving out.

Tyndall is a wonderful community and I will miss many things about it. Whether you are getting ready to leave Tyndall like me or you are just moving here, I wish you all the best!