Milnet.ca Forums

The Parade Square => Military Administration => Topic started by: R.S. on February 19, 2009, 16:31:14

Title: Breaking a Lease for Posting/Departure for BMQ Etcetera
Post by: R.S. on February 19, 2009, 16:31:14
Hello,

Well, I can't really complain about receiving the phone call for BMQ.  Even though it couldn't come soon enough, I still got caught off guard.

My main concern at the moment is this lease situation. I can break the lease with a penalty of $720...in addition to the 60 days of notice which would have me paying the rent ($720) for March and April even though I'll be at BMQ on March 2nd.

I tried speaking with the management to see if they could make an exception but they won't budge. That's fine, but they wouldn't even let me give my 60 days notice and search for someone to transfer the lease to in the meantime. I thought that was unfair so I decided to try and find someone.

I've been looking but so far, only 1 out of every 5 applicants is actually serious. It really doesn't look like I'll get this done before March 1st.

I spoke with my file manager and he informed me of the reimbursement for breaking a lease. This sounds great, but the thing is...I'm joining the forces to contribute, to be of service, not to be served. I feel that the funds that are allocated for this kind of reimbursement are in place to help those who really need it.

Yes, I have to scrape the bottom of my student line of credit in order to break this lease, but I can actually do it and it's my debt that I'll pay off later. I signed the contract, I knew the situation and I have the means to deal with it.

Basically, I don't feel right taking the reimbursement for breaking the lease even if it would make my life a little easier.

In your opinion, is this a reasonable point of view or is there something off about my reasoning here?

It seems like I'm really running out of time, since the applicant still has to go get their application approved at the office and pass a criminal record check.

I'm tempted to just go give my 60 days notice, pay it all, and just be done with it. That money is too easy for them though, especially since they'll probably have someone in this apartment in April and they'll be receiving two rent payments.


P.S.

To anyone waiting for that call...keep up the PT! You'll wish you had done more after they tell you when you'll be going.

Title: Re: Tying up loose ends before BMQ, please advise. (Breaking a lease)
Post by: aesop081 on February 19, 2009, 16:43:24



In your opinion, is this a reasonable point of view or is there something off about my reasoning here?




Take the money the military is offering. The CF is offering it to make your transition easier. It is there for that purpose. You desire not to "take", while comendable, is misguided.
Title: Re: Tying up loose ends before BMQ, please advise. (Breaking a lease)
Post by: Lerch on February 19, 2009, 17:27:05
What he said. There's hundreds of times you'll get reimbursed by the CF even though you're just doing something that everyone does.

For all my moves so far we've been reimbursed for our hotels along the way, flights, changing lisences, etc..

Basically they'd rather get you along then let you dig yourself a hole.
Title: Re: Tying up loose ends before BMQ, please advise. (Breaking a lease)
Post by: Lil_T on February 19, 2009, 18:40:55
I spoke with my file manager and he informed me of the reimbursement for breaking a lease. This sounds great, but the thing is...I'm joining the forces to contribute, to be of service, not to be served. I feel that the funds that are allocated for this kind of reimbursement are in place to help those who really need it.

This would be you.  The CF obviously has seen this many times.  Use the funds that you are allowed.  Keep yourself out of debt.   I know it can be a foreign concept to some for their employer to pay to get them out of leases/ move/ etc.  Consider it a perk, take advantage and enjoy your new career.  You're not doing yourself any favours by not wanting to be a burden.
Title: Re: Tying up loose ends before BMQ, please advise. (Breaking a lease)
Post by: rjr on February 19, 2009, 23:34:48

Pretend you are paying less taxes.
Title: Re: Tying up loose ends before BMQ, please advise. (Breaking a lease)
Post by: R.S. on February 23, 2009, 22:36:08
Thank you all for the alternative perspectives.

I have decided to accept the reimbursement. I'm sure I will more than make up for it in time.
Title: Re: Tying up loose ends before BMQ, please advise. (Breaking a lease)
Post by: Lil_T on February 24, 2009, 10:12:34
smart cookie.
Title: Re: Tying up loose ends before BMQ, please advise. (Breaking a lease)
Post by: dapaterson on February 24, 2009, 11:03:20
You'll be moved many more times in your military career, becasue of miltiary necessity.  Therefore, the military will pay to move you, and associated costs.

Think of it this way:  If the CF didn't want you, you would't be breaking your lease.  The CF will therefore pay to free you up.
Title: Re: Tying up loose ends before BMQ, please advise. (Breaking a lease)
Post by: BorisK on December 19, 2014, 17:25:54
Huge Necropost, but since it's on topic :

Might anyone be willing to comment on the timeliness of the reimbursement?  I'm trying to crunch some numbers to find out how tight I am going to be fiscally over the next 90 days (BMQ starts Jan 26 2015) and I have other costs to cover besides the bill for an extra months rent due to the requirement of 60 days notice. 

I am not super stressed about it, just thought I would ask here because my file manager at the CFRC seemed unsure but said 'they sort that out at CFLRS'.

I'll be in touch with him on Monday, but again just thought I would ask here incase anyone has any recent experience with the reimbursement process. 
Title: Re: Tying up loose ends before BMQ, please advise. (Breaking a lease)
Post by: DAA on December 19, 2014, 17:52:50
Huge Necropost, but since it's on topic :
Might anyone be willing to comment on the timeliness of the reimbursement?  I'm trying to crunch some numbers to find out how tight I am going to be fiscally over the next 90 days (BMQ starts Jan 26 2015) and I have other costs to cover besides the bill for an extra months rent due to the requirement of 60 days notice. 
I am not super stressed about it, just thought I would ask here because my file manager at the CFRC seemed unsure but said 'they sort that out at CFLRS'.
I'll be in touch with him on Monday, but again just thought I would ask here incase anyone has any recent experience with the reimbursement process.

Not sure on this but I'm thinking they should reimburse you and if so, you aren't going to see the money until well after you start BMQ (ie; 30-60 days or more), so plan to go without.

Best option, is to discuss the matter with your current landlord and try to work something out.  If you explain your circumstances and why you are breaking the lease, sometimes they are a tad bit more forgiving or will take a portion of the penalty and let you pay the balance later.  It's worth a try......
Title: Re: Tying up loose ends before BMQ, please advise. (Breaking a lease)
Post by: BorisK on December 20, 2014, 09:58:47
Reply very much appreciated.  Will post an update once I get answers so this can be referred back to in the future should anyone come across a similar situation. 
Title: Getting out of a lease if I get orders
Post by: ekyyc7 on January 17, 2016, 22:07:23
If I have a current residential lease and then get accepted to the military and have to report to boot camp, occupational training, or a new base,  is there any rule, clause, law, or way the orders can get me out of my lease so I can re-locate?
Title: Re: Getting out of a lease if I get orders
Post by: Okanagan Guy on January 17, 2016, 23:18:28
If I have a current residential lease and then get accepted to the military and have to report to boot camp, occupational training, or a new base,  is there any rule, clause, law, or way the orders can get me out of my lease so I can re-locate?

Check the residential tenancy act that applies to your province. Generally speaking, a lease is simply a contract to protect both parties involved. So both tenant and landlord have rights and responsibilities under the contract. Typically, residential tenancy is governed not only by contract, but by legislative acts of some kind. In BC, You can break it, but there will be financial consequences. A landlord can take you to small claims court and sue you for specific performance. Which means you must pay for the remainder of the lease. However, under the residential tenancy act, the land lord is required to mitigate damages. Meaning they have to try to rent it out asap. Upon renting the unit there would be no more financial damages to the landlord and therefore would most likely relieve you from having to fulfill the lease. There may also be costs to rent it out which they can also charge back to you. This only applies for BC, where the residential tenancy act heavily favours the tenants (in my humble opinion).

Before you do anything, I would suggest you review your provincial laws pertaining to residential tenancy. Then, before you do anything else, I would suggest talking to your landlord about you situation. They are people too. Who knows, he/she may have served before and will have no problem releasing you. Life happens and most people understand that if you are respectful of their position too. If that conversation doesn't go well, the government may have a free arbitration office or phone number you can call (BC does).

Whatever you do, don't simply walk away from the lease and think the damage deposit will cover every thing. It won't. And I'm 100% certain that when the CF offer you the job, they ask if you have any financial commitments that may hold you back. So you better get that squared away asap. Because not only is a lease a financial commitment, if you don't acknowledge the lease to the CF, you will have lied on your application. Not suggesting that you would lie, but you see how this little issue that could be resolve with own heart to heart can spiral into getting sued and jeopardizing your career with the CF.

Please note, I'm not a CF member. I got my offer last week. But I am a realtor and a landlord so I know a little bit about the topic... At least, in BC I do.
Title: Re: Getting out of a lease if I get orders
Post by: Brihard on January 17, 2016, 23:43:15
With an adequate number of ferrets, and a Marilyn Manson CD, reasonable chance you could get yourself evicted quickly enough to sort it out. Hope this helps!
Title: Re: Getting out of a lease if I get orders
Post by: Eye In The Sky on January 18, 2016, 00:37:58
http://www.forces.gc.ca/en/about-policies-standards-benefits-relocation/2014-directive-amend-ch-1.page

(Limitation) CF members who enrol or re-enrol, or transfer from the Reserve Force to the Regular Force, and have not successfully completed basic military occupation or trade training or its equivalent for the occupation or trade for which they enroll, re-enroll or transfer are not entitled to relocation benefits under the CFIRP, unless they:
•have graduated from a Canadian miitary college during their current period of Regular Force service;
•have graduated from a civilian university for which their education was paid by the Canadian Forces during their current period of Regular Force service;
•are a dental, medical or legal office who has successfully completed basic officer training; or
•are a Chaplain recruit, who by virtue of their ecclesiastical mandate received by their respective religious authority, is authorized to exercise pasatoral care.

(TB amended 16 September 2014)

Basically, from when you are sworn in until you are trained and posted, CFIRP won't apply to you.  However, after that..

http://www.forces.gc.ca/en/about-policies-standards-benefits-relocation/2014-directive-amend-ch7.page

7.03 Rent or lease liability

Core benefit

When CF members incur rent or lease liability in order to dispose of rented accommodation, they are entitled to reimbursement for an amount up to the maximum amount the landlord may charge under the applicable Tenants Act.

Rent/lease charges for a rental property are calculated from the load or clean day (whichever is later) for the remaining period of paid vacancy.

I would ask the CFRC what your options/benefits are during the time you are not eligible for the IRP benefits. 
Title: Re: Getting out of a lease if I get orders
Post by: Pusser on January 18, 2016, 07:15:26
Folks should note that the differences between CFIRP moves and other moves are actually minimal.  There are a few differences, but for the most part, both types of move are pretty similar in terms of actual benefits.  The main difference is who does the administration of the move (Brookfield or your Orderly Room).  Keep also in mind that everything in the CFIRP Relocation Directive has its roots in the Compensation and Benefits Instructions (CBI) and the CBI says:

208.955 – Reimbursement for Rent or Lease Liability
 
208.955(1) (Application) This instruction applies to an officer or non-commissioned member of the
 a.Regular Force; and
 b.Reserve Force on Class C Reserve Service.
 
208.955(2) (Entitlement) Where public quarters are not available, or where public quarters are available but an officer or non-commissioned member has been granted permission to live out, and the member vacates rented or leased accommodation as a result of the member being
 a.posted to another base or other unit or element,
 b.ordered into public quarters, or
 c.moved other than temporarily with their base or other unit or element to another location,
 
the member is entitled to reimbursement for rent paid or for any liability under a lease, other than for damages, in accordance with paragraph (3).
 
208.955(3) (Reimbursement period) When an officer or non-commissioned member becomes eligible for reimbursement under paragraph (2), the period for which rent reimbursement is payable commences on the date the member vacates the rented or leased accommodation and, in respect of rental payments and other liability under a lease, the total reimbursement may not exceed an amount equivalent to two months rent or, in exceptional circumstances, up to three months rent if authorized by an officer commanding a command.
 
208.955(4) (Reimbursement for dependants)
 a.When the dependants of an office or non-commissioned member

 i.who has been moved in any of the circumstances described in paragraph (2) vacate rented or leased accommodation in order to join the member, or
 ii.have been moved under subparagraph (1)(e) of CBI 208.82 (Movement of Dependants),
 the member shall be reimbursed in accordance with subparagraph (c) or (d) for rent paid or for any liability under a lease, other than for damages.
b.When the dependants of an officer or noncommissioned member who dies, is presumed to have died or is officially reported missing, or is a prisoner of war or interned or detained by a foreign power, are moved under CBI 208.971 (Integrated Relocation Program) and vacate rented or leased accommodation, reimbursement in accordance with subparagraph (c) or (d) shall be made for rent paid or for any liability under a lease, other than for damages.
 c.When an officer or non-commissioned member, or their dependants, become eligible for reimbursement under subparagraph (a) or (b), the period for which rental reimbursement is payable commences on the date the dependants vacate the rented or leased accommodation and, in respect of rental payments and other liability under a lease, the total reimbursement may not exceed an amount equivalent to two months rent.
 d.Despite the limitations imposed under subparagraph (c), reimbursement in excess of an amount equivalent to two months rent but not exceeding three months rent may, in exceptional circumstances, be approved by an officer commanding a command
 
208.955(5) (Reimbursement for periods of more than three months) Despite the limitations imposed under paragraphs (3) and (4), reimbursement in excess of an amount equivalent to three months rent may, in exceptional circumstances, be approved by the Minister.

In short, a new enrollee, despite not being moved under the CFIRP, is not left high and dry.
Title: Re: Getting out of a lease if I get orders
Post by: Pusser on January 18, 2016, 07:22:44
Whatever you do, don't simply walk away from the lease and think the damage deposit will cover every thing. It won't. And I'm 100% certain that when the CF offer you the job, they ask if you have any financial commitments that may hold you back. So you better get that squared away asap. Because not only is a lease a financial commitment, if you don't acknowledge the lease to the CF, you will have lied on your application.[/b] Not suggesting that you would lie, but you see how this little issue that could be resolve with own heart to heart can spiral into getting sued and jeopardizing your career with the CF.

Please note, I'm not a CF member. I got my offer last week. But I am a realtor and a landlord so I know a little bit about the topic... At least, in BC I do.

Good advice to not simply ignore a lease, but it's a bit of a stretch to equate this to "irregular enrolment," which could end up in release from the CF.  The most likely scenario here is that a member would end up paying for the lease.  The best reason to mention this to the recruiting centre is so they can help you file the necessary claims.
Title: Re: Getting out of a lease if I get orders
Post by: Buck_HRA on January 18, 2016, 11:25:49
Quick Weigh In Here.

I was formally the R3 Movement Coordinator at CFRG HQ and was responsible for creating a movement guide that applied to enrollee's.

There are actually 3 types of Moves, (1) DND moves for mbr's who have not completed BMQ/BMOQ; (2) DND moves for mbr's who have completed BMQ but have not reached OFP; and (3) DND (CFIRP) moves for mbr's who have reached OFP.

Benefits do differ between the 3 types of moves, there isn't much difference between 1 & 2; but there are quite a few differences between those and #3.
The CFIRP Manual does not apply in any way to moves #1 and #2, that manual is for those that are in move type #3 only.

The CBI that Pusser posted is correct for Rent/Lease Liability.  The only mbr's entitled to Rent/Lease Liability are:
1) If Prohibited Posted - are renters (obviously) and are single or single parents - mbr's with dependants (i.e. Married/CL or Married/CL with Kids) are not entitled; and
2) If Restricted(Authorized) Posted - are renters (obviously), they can be single, single parents or a member with dependants.

Edit Note: Note that to qualifiy for this benefit you will need to provide a copy of the lease (i.e. verbal leases do not qualify, you will need something in writing) to attach to the claim.

Edit Note 2: ekyyc7 talk to your File Manager about this, if they're unsure of the policy ask them to email the "+CFRG Movement" account to get assistance/direction on the policy.
Title: Breaking a lease to attend Basic?
Post by: Foxwishful on May 11, 2017, 11:18:25
I am currently going to rent a place out until December 2017, I'm in the middle of my application process waiting for my Interview and Medical date. Now during these months of my lease I have the opportunity to go to basic on military orders does that allow me to break a lease getting off scot-free? I'm 17 so I still have no idea about any of this. :facepalm:
Title: Re: Breaking a lease to attend Basic?
Post by: Scott on May 11, 2017, 13:52:18
I see by your profile that you live in Nova Scotia, and so it would depend on  You can get started reading there to seek out the info.

This is also a great resource from [url=https://www.dal.ca/content/dam/dalhousie/pdf/law/DLAS/tenant%20rights%20guide%20web%20version.pdf]Dal Legal Aid (https://novascotia.ca/sns/access/land/residential-tenancies.aspNova Scotia's Residential Tenancies[/url).

You may want to explore options with your landlord, such as going month-to-month for your lease. If you're on an annual renewal you may want to keep that three months prior date in mind so you are not renewed.

I've no idea of your situation, but as someone who used to rent a house and apartment, I was always open to honest and straightforward approaches. A happy tenant is better than one who's pissed off at me, and gives much more peace of mind for my investment. YMWV
Title: Re: Breaking a lease to attend Basic?
Post by: runormal on May 11, 2017, 18:23:06
Worse case you could al always look for a subletter/or someone to take to over the lease. You may loose some $$$, but it's something else to find.

As Scott said, being honest is the best approach.

Just make sure that the stuff you read on the internet actually applied to you. The rules vary province to province.
Title: Re: Breaking a Lease for Posting/Departure for BMQ Etcetera
Post by: GAP on May 11, 2017, 19:26:40
If he has just applied, from what I have read here, he will be pretty safe until Dec....it seems to take forever for them to process files.... :2c:

Someone correct me if I am out to lunch.....again...
Title: Re: Breaking a Lease for Posting/Departure for BMQ Etcetera
Post by: Buck_HRA on May 14, 2017, 14:05:53
Worse case you could al always look for a subletter/or someone to take to over the lease.

Please ensure to read your lease before doing this though.  Many leases have it written in that subletters are either (a) not allowed; or (b) subject to approval from the landlord/property manager.  And if that person damages the apartment it's still you on the hook to the landlord for the repairs.

Your best bet is to talk to your landlord and let them know that you're applying to join the CAF.  There are funds available to new applicants to assist in breaking a lease and this normally makes landlords ok with breaking a lease early as it gives them rent money while they're trying to get a new tenant.
Title: Re: Breaking a lease to attend Basic?
Post by: BeyondTheNow on May 15, 2017, 00:01:52
I am currently going to rent a place out until December 2017, I'm in the middle of my application process waiting for my Interview and Medical date. Now during these months of my lease I have the opportunity to go to basic on military orders does that allow me to break a lease getting off scot-free? I'm 17 so I still have no idea about any of this. :facepalm:

I'm with GAP in that you're more than likely going to be okay in terms of the period it'll take for everything and for you to actually get on course. It's mid-may now and you're still waiting for your medical and interview. I'm a little rusty on the order of things now and there's been a few changes since I went through it all, but I don't think they've done your security clearance or TSD testing yet either? While it has happened in the past, it's not common these days--I don't think you'll get from where you are now to BMQ in 7mths. That being said, if it does occur, I know for a fact the military has covered penalties for those who had to break their lease due to heading on basic. At least they did when I was on course last...

Ah...yes, Buck_HRA mentioned it above.