Coast Guard Tenants

[Nick Fuglaar]

Hey BP Nation,

I have a situation that I know I need to consult my lawyer for, but I wanted to see if anyone on here has had the same situation and their outcome.

I have two Coast Guard tenants in my single family rent house. Their lease agreement expires 5/31/16. They have just notified me that one of them will be getting PCS orders to be transferred soon, and will probably leaving in Feb 2016. The other Coast Guard tenant is wanting to move out in Feb as well and move to an apartment about 15 miles away. He saying that he cannot be held responsible and I cannot keep their deposit if they terminate the lease early because of the SMCR Act. The latter tenant is not receiving orders. I would think he would still be responsible for the lease agreement and terms.

That said, I am listing the rental and am trying to find someone to move in March 1st so I can avoid any problems. But if unable to find anyone, I feel like it's unfair for me to return their deposit, not charge any early termination fees, and me take the hit when one of my tenants signed a lease to stay until May (which is our peak rental season and why I had an 11 month lease signed).

Please provide your expert opinions.

Thanks,

Nick Fuglaar

[Lynn McGeein]

If they are both on the lease and jointly and severally liable, then it's my understanding that the one without orders would likely still be responsible even if the other one has orders.   There are details online under the military websites as to what is allowed and required for them to break the lease.  I believe that if it were a joint lease with military member and spouse, then you'd have to honor it, but not if they are unrelated roommates.