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Iraq-bound guards penalized for breaking apartment lease

July 26th, 2008 . by TexasFred

MCKINNEY - A North Texas couple is getting ready for their second deployment overseas.

They’re leaving to serve their country but instead they’ve been served with fees from their landlord.

“It’s a job, we have to do it,” said Chris Horvath.

But they’re leaving with added stress, since they’ve been in a fight with their apartment complex - McKinney’s El Lago development.

The couple, both of whom are sergeants in the Texas National Guard, are soon headed to Iraq.

Full Story Here:
Iraq-bound guards penalized for breaking apartment lease

These are the names and addresses I have so far, there are some inquiries being made by a contact I have that IS in the apartment business. I do know this much, the TAA, Texas Apartment Association has a specific clause in their contract concerning military personnel and their transfers and activations, and that clause is in favor OF the troops.

I called El Lago Apartments and spoke to a person named Stephanie, and according to her the El Lago Apartments doesn’t operate under TAA leasing agreements. They would discuss the matter no further.

EL LAGO PARTNERS LTD
434 S EUCLID ST
ANAHEIM, CA 92802-1247
(714) 520-9432

owners of

El Lago Apartments
3400 CRAIG DR
MC KINNEY, 75070
(972) 569-6700

I am trying to pin down something on this El Lago Partners LTD, I might not be able to get it all until Monday, I have *feelers* out.

I will also be contacting the National Guard Bureau Public Affairs On Call, PAO email (703)-627-7273 and the office of Public Affairs email (703)-607-2584 on Monday.

I hope some of you will post this on your blogs and get involved, this type of thing can’t be allowed to happen to our troops. No matter how you feel about Bush and the war in Iraq, this isn’t about him, it’s about our TROOPS, and they have no choice but to follow orders and go when and where they are ordered.

Please, get involved.

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40 Responses to “Iraq-bound guards penalized for breaking apartment lease”

  1. comment number 1 by: Rgroland

    Once again pure BS!!!!!!! As a retired military man this pisses me off. It is all about the mighty dollar and not support for the brave men and women who put themselves in harms way to protect us!!

  2. comment number 2 by: Robert

    This is a damn shame, I say a blanket party for the landlords.. But since they are so far away I’ll have to use the powers of the internet to get the word out.

    Good for you Fred, ya found something that isn’t too easy get you called a racist bog dwelling redneck hick.

  3. comment number 3 by: TexasFred

    Robert, that POS to which you refer can call ALL the names he likes, the blog world has his number now too… :)

  4. comment number 4 by: Ranando

    Fred,

    Got your email and I’ll try to call you later today.

    The owners are in Anahiem and I’ll have our corporate attorneys call them Monday and see what they can find out. Since it has hit the news wire I’m sure it will work out just fine.

    Great job bringing this forword.


  5. [...] abuse directed at our Troops. Texas Fred ran across yet another story pointing out how the damn Obama loving liberals have managed to sucker [...]

  6. comment number 6 by: Ranando

    I’ll guarantee you this Fred; Chris Horvath or his wife will NOT be paying any fees.


  7. [...] from Texas Fred’s: MCKINNEY - A North Texas couple is getting ready for their second deployment [...]

  8. comment number 8 by: TexasFred

    I have an email in to Mark Davis at WBAP, the News and talk of Texas, he has a syndicated program, I am hoping to hear back from him, he was a tremendous help a while back on the Blue Star Deli thing…

    I also contacted Rich at Isn’t it Rich, he has a contact to Mike Gallagher, between those guys we should be able to raise a lot of hell…

    Anyone else that has a talk show they are tied to, contact em and see if they will do a spot on this…

    GET INVOLVED…

  9. comment number 9 by: Linoge

    Speaking from experience and having had to deal with this in the past, unless the state has a “military clause” section inserted into every apartment lease, by law, the apartments do not have to have one. Furthermore, the military members in question should have read their lease when they signed it, and if they wanted a “military clause” in their lease, they should have requested it when the lease was signed. Once signed, they agreed to whatever the lease indicates, and if it says they have to pay fees…

    Now, please do not misunderstand me - like I said, I am speaking from experience, and had to request that an apartment complex in Florida add a “military clause” to my specific lease before I rented from them. This is definitely a case of “read it before you sign it”.

    However, if we can convince the leasing agents at the apartment to retroactively give these folks a military clause breakage, then more power to us. However, while what they are doing is most assuredly ethically questionable, they are currently, legally, in the right.

    I know this is not what you all wanted to hear, but this is what I have experienced in the past.

  10. comment number 10 by: TexasFred

    Linoge, and if these young troops didn’t know this, well, it will be an expensive lesson for them, possibly…

    And you’re right, it’s NOT what is wanted, even if 100% correct…

    But be that as it may, this is WRONG, no matter HOW you cut it, and I feel that we must do anything and everything in our power to make sure that it gets taken care of and if nothing else, make it such an issue that maybe ALL troops will see it and perhaps not fall into a crap lease of that nature…

    Just because it’s LEGAL doesn’t make it right…

    And I WILL give the El Lago Apartments such a bad rap on the net that it will cost them FAR more in lost revenue than a simple refund will…

    Can you get behind that??


  11. [...] by Texas Fred’s for all the [...]

  12. comment number 12 by: Robert

    Legal is a relative term, and Linoge appears to be in the know about the legal issues, however it’s legal to do a lot of things that are ethically WRONG, this is one of those times.

  13. comment number 13 by: Larry Smith

    Here’s the trustee who runs the trust that owns the company that owns the company that is responsible for this problem:

    Edward B. Frankel, M.D., Trustee
    Frankel Family Trust
    434 S. Euclid Street
    Anaheim, California 98202-1247
    (714)520-9432

    I have his personal home address also if need be.

  14. comment number 14 by: Murray

    This is an outrage! I’ve already posted this over at my blog, Lone Star Diary, and I intend to make more contacts to see what I can do to help these folks recover their money. When you mess with our troops, you’re walking on the “fightin’ side of me!” Thanks, Fred for bringing this story to my attention.

  15. comment number 15 by: Ranando

    Edward B. Frankel, M.D., Trustee
    Frankel Family Trust
    434 S. Euclid Street
    Anaheim, California 98202-1247
    (714)520-9432

    Well there you go, this should just about wrap this matter up. This guy isn’t going to know what hit him.

  16. comment number 16 by: BobF

    Their is the Soldiers and Sailors Civil Relief Act

    http://usmilitary.about.com/cs/sscra/a/sscra.htm

    There’s a section called Termination of Pre-Service Lease Agreements but it has to do with renting before being called up on Active Duty. It may apply in this case since they were reservists called up to active duty.

  17. comment number 17 by: TexasFred

    The service member must deliver written notice of termination to the landlord after entry on active duty or receipt of orders for active duty. The termination date for a month-to-month lease/rental is 30 days after the first date on which the next rental payment is due after the termination notice is delivered. For example, if rent is due on the 1st of the month and notice is delivered to the landlord on August 5th, the next rent due is September 1st. Therefore, the lease/rental agreement will terminate on October 1st.

    Soldiers and Sailors Civil Relief Act, Simplified

    If these young folks gave the proper notice there is an apartment complex that’s just about to be taken to the woodshed…

    Thank you Bob… This is great info..

  18. comment number 18 by: nunoftheabove

    What a crock!!!! The fact that the company is in California fits the MO

    In addition to Davis on WBAP, you might want to contact Jeff Bolton on KLIF. His program is affiliated with Fox and Hannity might want to pick up on this one. I sent him a lead on a story local to me, he picked it up and within a week, so did H&C.

    We call up these civilian soldiers, cut their pay and benefits, put them in harm’s way and far from their family and loved ones and this is what they get in return.

  19. comment number 19 by: Pat Houseworth

    What a bunch of “Hooey”….these folks are getting screwed.

  20. comment number 20 by: Bluebonnet Sue

    I believe that all apartment leases in the U.S. should contain the ‘military clause’ and all apartment owners, no matter where they live, should have to operate under the lease. If this can’t be done, then I would certainly like to see it required for all apartments for rent operating in the state of Texas. Our military personnel willingly put their lives on the line to serve our country and that is one thing that can be done to help show appreciation. That would be bringing the government into our lives a little more, I suppose, but sometimes that’s a good thing.

    I wonder if the apartments where the sargents are owned by foreigners ?

    Below is how the military clause in the TAA lease reads.

    ==================

    Texas Apartment Associaton Lease - Military Clause:

    Under paragraph 23 of the TAA Lease Contract, the owner is
    required to allow you to move out early under certain
    circumstances. You may terminate your lease contract if you enlist or are drafted or commissioned into active service in the U.S. Armed Forces or are a member of the Armed Forces or reserves called to active duty AND are either:

    (i) given change-of-station orders to permanently depart the local area;

    (ii) deployed with a military unit or as an individual in support of a military unit for 90 days or more; or

    (iii) relieved or released from active duty.

    When a member of the Armed Forces terminates a lease under paragraph 23, the termination automatically terminates the lease for any spouse or dependent who may have signed it. If, at the time of signing a lease, you already knew about the change of duty station or retirement or knew that your term of enlistment would expire prior to the end of your lease term and if you failed to inform the owner of such facts prior to signing, you are liable to the owner for liquidated damages in the amount of all rent losses that the owner
    may incur during the remainder of the original lease term—even though you have terminated the lease under paragraph 23.
    http://www.taa.org/renterinfo/faqs/?catID=8

  21. comment number 21 by: Fine Line Between Legal and Right

    [...] maybe not that fine. Texas Fred has a post up concerning the big, fat line that was crossed by the El Lago Apartments in McKinney, [...]

  22. comment number 22 by: cary

    Linked and mentioned. This is no way to treat the troops, no matter how strong the legal footing.


  23. [...] Iraq-bound guards penalized for breaking apartment lease - Texas Fred’s [...]

  24. comment number 24 by: Carl Andrews

    I will be calling these people on Monday and will be posting this on my site as well as a few others I post on.


  25. [...] Iraq bond National Guard couple penalized for breaking apartment lease. MCKINNEY - A North Texas couple is getting ready for their second deployment overseas. [...]

  26. comment number 26 by: Lonely Conservative

    This is outrageous. Congress spent the day signing a bailout of delinquent homeowners. Maybe one of them instead could have helped out this couple. I’ll put a link on American Sentinel.


  27. [...] by lonelyconservative on July 27, 2008 Check out Texas Fred’s for a story of an apartment complex penalizing a couple, both of whom are sargeants in the National [...]

  28. comment number 28 by: Linoge

    *shrug* Like I said, I believe the event to be ethically wrong myself, but it is a perfect example of “read it before you sign it”. I was just trying to point out that attempts at a legal leverage will probably not yield positive results.

    I never said I was not behind helping these soldiers out, and I never said what the apartment complex was doing was right. But, like I did say, this is not what you wanted to hear, so I guess lashing out was to be expected.

  29. comment number 29 by: TexasFred

    Linoge, WHO lashed out at you?? If you call this *lashing out*, hard core blogging is gonna seriously disappoint you…

  30. comment number 30 by: Robert

    Uh Linoge I don’t think anyone lashed out at you?? Where the hell did that come from? I think folks offered up the fact you were probably correct about the legality…damn, a little soft around the edges bud?


  31. [...] Texas Fred’s - Iraq-bound guards penalized for breaking apartment lease. MCKINNEY - A North Texas couple is getting ready for their second deployment [...]

  32. comment number 32 by: RTaylor

    Got it up - thanks for the heads up. I’ve been away from the computer for the past couple of days and just read this. Posted the link to this on ATAW…..

  33. comment number 33 by: AmericanAngel

    This is crazy! I will definitely be passing on the word.

  34. comment number 34 by: kris

    Thanks for bringing this to light, Fred.

    I can’t abide people taking advantage of people who are serving the country and I hope the owners of the apartment complex are named and shamed up one side of the country and down the other.

  35. comment number 35 by: pcbedamned

    I saw on tv a couple of days ago about a soldier who was due to go on his second tour. The point of the story was about how employers face hard times because they have to hold open their jobs. The way that they made the employers a little more understanding of the soldiers’ plight was to send them to a week-end training camp to show what is was that soldiers would be facing during their deployment. At the end of the week-end, the soldier’s boss had tears in his eyes. He came to the conclusion that his ‘hardship’ was nothing compared to what these brave young (and old) men and women go through.

    Maybe this is something that should be standard for anyone involved with making monies off of soldiers.

    Sorry I cannot provide a link for the above story. I am Canadian and cannot remember if I saw it on Canadian or American tv.

    Cheers…

  36. comment number 36 by: TexasFred

    JadeGold | jadegold2000@yahoo.com | IP: 68.50.138.161

    Go screw yourself you American hating NO troop supporting Libberpuke…

    You will NEVER get a comment on this blog, we don’t cater to garbage like you…

  37. comment number 37 by: Ranando

    As posted over at BZ…..

    Fred,

    I’m glad it’s still an issue but I or the attorney’s I asked to call could’nd find anything on WAFF but Fridays story, no updates.

    They made the call to Anahiem as I requested and it seemed that it was taken care of, maybe not I’m just going by what they told me and they’re pretty good attoney’s.

    I’m with you on this Fred, all the way. I just didn’t see any updates.

    I found the Friday issue on WAFF also, just no updates.

    I was just wondering what was going on.

    Please remember, I sent a pretty sizable check to Blue Star Deli just to find out the next day they were closing up shop. That was money out the window and I just wanted to make sure that was not going to happen again.

    I’m sure you understand.

  38. comment number 38 by: TexasFred

    OK, 1st, no one has asked for ANY money, and I won’t be…

    2nd. I have NO control over WFAA.com OR their posting of stories, it has all but disappeared and there’s not one thing I can do about it…

    The story has NOT been updated and the reporter that did the story won’t even call back…

    I have contacted the National Guard Bureau and not heard DICK from them…

    I can’t pull rabbits out every time man, and I have kept everyone as up to date as I am…

  39. comment number 39 by: Ranando

    Fred,

    I’m with you all the way on this.

  40. comment number 40 by: nunoftheabove

    I am still ready to bring the pitchforks and torches. Name the time and place.